Legal Opinion
Melvin Junior Welch v. Texas Board of Parole and Pardon
Court of Appeals for the Fifth Circuit
Decided May 31, 1972No. 72-1361PublishedCited by 2 opinions
1Per curiam
Appellant’s petition to the district court in which he sought discharge from a Texas, state detainer was dismissed as being frivolous.
In the absence of a certificate of probable cause, as is the case here, we are without jurisdiction to entertain his appeal. Hooks v. 4th District Court of Appeal, Fla., 5 Cir., 1971, 442 F.2d 1042; Hines v. Pitcher, 5 Cir., 1961, 440 F.2d 792. Cf. Stewart v. Beto, 5 Cir., 1971, 451 F.2d 185. There has been no application to the district court for a certificate of probable cause despite notice to appellant of the jurisdictional defect. The appeal will therefore…
2Cases cited3 opinions
- Francis Noel Hines v. Sargent PitcherCourt of Appeals for the Fifth Circuit · 1971
- Charles Henry Stewart v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1971
- Harold Raymond Hooks v. 4th District Court of Appeal, Fla., and State of Florida, and Walter Colbaith, Etc., No. 71-1329 Summary Calendar. Rule 18, 5 Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5 Cir., 1970, 431 F.2d 409, Part ICourt of Appeals for the Fifth Circuit · 1971
3Cited by2 opinions
- Newby v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
- Eddie R. McKibben v. Joe S. Hopper, Warden, Georgia State Prison, Reidsville, GeorgiaCourt of Appeals for the Fifth Circuit · 1978