Legal Opinion
Albert H. Carter v. Ray Hardy, District Clerk of Harris County, Texas
Court of Appeals for the Fifth Circuit
Decided February 25, 1976No. 75--3398PublishedCited by 20 opinions
1Per curiam
Carter was convicted in 1963 and 1965 by Texas state courts of passing worthless checks. He now contends that these convictions were invalid because he was indigent and was denied counsel. Although he has served the sentences imposed in 1963 and 1965 and those sentences are not being used for enhancement of his current sentence, he seeks in this action under 42 U.S.C. § 1983 to obtain an order expunging these convictions from his record and for declaratory relief that they are invalid.
The district court dismissed Carter’s pro se complaint on the grounds that a federal court has no authority…
2Cases cited11 opinions
- United States v. Blanchard McLeod United States of America v. Dallas CountyCourt of Appeals for the Fifth Circuit · 1967
- John Brent Tarlton, Jr. v. William B. Saxbe, Attorney General of the United StatesCourt of Appeals for the D.C. Circuit · 1974
- C. Gary Rogers v. S. Morgan Slaughter, as Clerk of the Municipal Court of the City of Jacksonville, FloridaCourt of Appeals for the Fifth Circuit · 1972
- Cook v. WhitesideCourt of Appeals for the Fifth Circuit · 1974
- Severson v. DuffDistrict Court, M.D. Florida · 1970
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Albert H. Carter v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- Robert L. Tinder v. Sister Rose Paula, SndCourt of Appeals for the First Circuit · 1984
- Flower Cab Co. v. PetitteCourt of Appeals for the Seventh Circuit · 1982
- Carroll Olson v. Gerald W. Hart, JudgeCourt of Appeals for the Tenth Circuit · 1992
- Dilworth v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
15 more not listed; retrieve them via the Exa API.