Legal Opinion
Elva Rubio v. W. J. Estelle, Jr., Director, Texas Department of Corrections, and Mark White, Attorney General of the State of Texas
Court of Appeals for the Fifth Circuit
Decided October 18, 1982No. 81-1550PublishedCited by 24 opinions
1Opinion of the Court
E. GRADY JOLLY, Circuit Judge:
Elva Rubio was convicted by a jury on September 13, 1977, for possession of heroin. Her punishment was enhanced to life imprisonment by virtue of two previous felony convictions, one state and one federal.
The appellant filed a petition for habeas corpus relief under 28 U.S.C. § 2254. Her petition was referred to a United States Magistrate, who recommended denial. The appellant objected to the report, and the United States District Court for the Western District of Texas, Judge Hudspeth, isT sued a memorandum opinion and order accepting the magistrate’s…
2Cases cited8 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Baltierra v. StateCourt of Criminal Appeals of Texas · 1979
- James Louis Boyd v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1981
- United States v. Billy GrayCourt of Appeals for the Fifth Circuit · 1978
- United States v. Roy A. WalkerCourt of Appeals for the Fifth Circuit · 1980
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Roy Wilson v. Barry MintzesCourt of Appeals for the Sixth Circuit · 1985
- Jerry Carlo Moreno v. W.J. Estelle, Jr., Director, Texas Department of Corrections, and Jim Mattox, Attorney General of the State of TexasCourt of Appeals for the Fifth Circuit · 1983
- George Anthony Rubino v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1988
- Gerald Manning v. Warden, Louisiana State Penitentiary, A/K/A Frank C. BlackburnCourt of Appeals for the Fifth Circuit · 1986
- United States v. David W. MageeCourt of Appeals for the Fifth Circuit · 1984
19 more not listed; retrieve them via the Exa API.