Legal Opinion

William Tyrone Harris v. Dr. George J. Beto, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided July 12, 1968No. 25000_1PublishedCited by 7 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

2Per curiam

In our original opinion we focused on the point that there was no duty on the trial court to appoint counsel for appellant because it was not manifest to the trial court either that appellant did not have counsel for appeal or that he had become indigent. We now are convinced that this did not fully dispose of the matter.

Appellant’s retained counsel filed notice of appeal and apparently designated points of error, then represented appellant no further.

Appellant’s desire to appeal was manifest, for notice of appeal was filed. Under Swenson v. Bosler, 386 U.S. 258, 87…

3Cases cited5 opinions

  1. Swenson v. BoslerSupreme Court of the United States · 1967
  2. The State of Texas and Dr. George J. Beto, Director, Texas Department of Corrections v. Melvin Alexander PaytonCourt of Appeals for the Fifth Circuit · 1968
  3. Robert Vernon Bruce v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
  4. Dennis Woodbury v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968
  5. Harris v. StateCourt of Criminal Appeals of Texas · 1952

4Cited by7 opinions

  1. William Napoleon Boyer v. City of OrlandoCourt of Appeals for the Fifth Circuit · 1968
  2. United States of America Ex Rel. John G. O'Brien C-8019 v. J. F. Maroney, Superintendent, State Correctional Institution at Pittsburgh, PennsylvaniaCourt of Appeals for the Third Circuit · 1970
  3. Peterson v. State of MissouriDistrict Court, W.D. Missouri · 1973
  4. William Tyrone Harris v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973
  5. John Tennie Sapp v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1970

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