Legal Opinion · Dissent

Jesse Luna v. Dr. George J. Beto, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided July 11, 1967No. 23813_1Published

1DissentConn Ally, District Judge

With deference to the majority, I dissent with all the vigor at my command from the order reversing this judgment. None of the three points raised, singly or collectively, warrants this action. With regard to the alleged denial of the right adequately to cross-examine the witness Gober, this is no more than a routine objection to evidence, sustained by the trial court, which the appellant seeks to raise to constitutional dimensions by referring to it as a denial of the right of cross-examination “at the instance of the prosecuting attorney”.

*334Taken in context it is clear beyond peradventure…

2Cases cited7 opinions

  1. William B. Barbee v. Warden, Maryland PenitentiaryCourt of Appeals for the Fourth Circuit · 1964
  2. Deaton & Son, Inc. v. Miller Well Servicing Co.Court of Appeals of Texas · 1950
  3. Hunter v. StateCourt of Criminal Appeals of Texas · 1959
  4. Tomlinson v. StateCourt of Criminal Appeals of Texas · 1956
  5. Rodriguez v. StateCourt of Criminal Appeals of Texas · 1954

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