Lynnwell Smith v. Dr. George J. Beto, Director, Texas Department of Corrections

This is an appeal from the denial of Smith’s petition for a writ of habeas corpus. The state court, at its post-conviction hearings, did not have before it the statement of facts, or transcript, from the original trial. Neither did the district court; nor did it hold an evidentiary hearing. A copy of the trial transcript was obtained during the course of this appeal, and counsel for both parties stipulated that the transcript contains evidence which may be relevant concerning whether involuntary, incriminating statements made by Smith were used for any purpose in his trial. We must therefore…