Legal Opinion

David Moya v. W.J. Estelle, Jr., Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided January 24, 1983No. 82-2057PublishedCited by 10 opinions

1Opinion of the Court

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is an appeal from a denial without evidentiary hearing of a state prisoner’s petition for habeas corpus. On June 28, 1976, David Moya, petitioner, pled guilty in the District Court of Victoria County, Texas, to the state charge of aggravated robbery. Moya and his co-defendant, James Clayton Issiah, were sentenced to serve not more than 25 years, nor less than five years, in the Texas Department of Corrections. On May 2, 1979, Moya filed the present petition asserting: (1) fatally defective indictment, (2) failure to explain the consequences of his…

2Cases cited16 opinions

  1. Blackledge v. AllisonSupreme Court of the United States · 1977
  2. John A. Spinkellink, 1 v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Fifth Circuit · 1978
  3. Jimmy Lee Gray v. Eddie Lucas, WardenCourt of Appeals for the Fifth Circuit · 1982
  4. William H. Addington v. Farmer's Elevator Mutual Insurance Company, a CorporationCourt of Appeals for the Fifth Circuit · 1981
  5. Wilmer Lane Easter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1980

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3Cited by10 opinions

  1. William Lee Thompson, Cross-Appellee v. Louie L. Wainwright, Secretary, Florida Department of Corrections, Cross-AppellantCourt of Appeals for the Eleventh Circuit · 1986
  2. United States v. DykesUnited States Court of Military Appeals · 1993
  3. Bobby J. Key v. United StatesCourt of Appeals for the Seventh Circuit · 1987
  4. United States v. Donald E. SmithCourt of Appeals for the Fifth Circuit · 1988
  5. Irving J. Rogers v. Ross Maggio, Jr., Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1983

5 more not listed; retrieve them via the Exa API.

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