Legal Opinion
Franklin David Passmore v. W. J. Estelle, Jr., Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided November 27, 1979No. 78-1963PublishedCited by 31 opinions
1Per curiam
The petition for rehearing is granted.
Our original opinion, 594 F.2d 115, is modified by withdrawing the language beginning with the last full paragraph on page 117 and continuing to the end of the opinion and substituting the following therefor.
It is obvious that the representation by petitioner’s retained appellate counsel was incompetent.4 Constitutionally ineffective assistance of counsel in state court may be predicated upon either the due process clause of the Fourteenth Amendment or the assistance of counsel clause of the Sixth Amendment.5 See Fitzgerald v. Estelle, 505 F.2d 1334,…
2Cases cited6 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Otis Ray Fitzgerald v. W. J. Estelle, Director Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1975
- Kenneth Cantrell v. State of AlabamaCourt of Appeals for the Fifth Circuit · 1977
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Passmore v. StateCourt of Criminal Appeals of Texas · 1981
- Watson v. United StatesDistrict of Columbia Court of Appeals · 1987
- Robert A. Sullivan v. Louie L. Wainwright, Etc.Court of Appeals for the Eleventh Circuit · 1983
- Thaddeus Michael Lockhart v. O.L. McCotter Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1986
- Danny Ray Mylar, A/K/A Danny Ray Miles v. State of AlabamaCourt of Appeals for the Eleventh Circuit · 1982
26 more not listed; retrieve them via the Exa API.