Legal Opinion

Andrew Earl Whitaker v. W. J. Estelle, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided April 9, 1975No. 74--2520PublishedCited by 8 opinions

1Opinion of the Court

DYER, Circuit Judge:

Whitaker appeals from the district court’s denial without hearing of his petition for habeas corpus. He claims that his state rape conviction was unconstitutional because of 1) an illegal arrest and detention, 2) an involuntary confession, and 3) the state court’s lack of jurisdiction to try him as an adult. Since we find that none of the errors alleged amounted to a denial of Whitaker’s federal constitutional rights, we affirm.

On December 8, 1969, the victim, a waitress at the Cattleman’s restaurant in Fort Worth, Texas, finished her shift at approximately 11:00 P. M.…

2Cases cited9 opinions

  1. LaVallee v. Delle RoseSupreme Court of the United States · 1973
  2. David Matthew Lathers v. United StatesCourt of Appeals for the Fifth Circuit · 1968
  3. Arnold Von Perry v. State of TexasCourt of Appeals for the Fifth Circuit · 1972
  4. Broadway v. BetoDistrict Court, N.D. Texas · 1971
  5. Cariston Thornton v. Dr. George Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1973

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3Cited by8 opinions

  1. Carlson Tanner, Jr. v. Leon Vincent, Warden of Green Haven Prison, Stormville, New York,respondent-AppelleeCourt of Appeals for the Second Circuit · 1976
  2. Nathaniel Paxton v. Robert P. Jarvis, Sheriff, Dekalb CountyCourt of Appeals for the Eleventh Circuit · 1984
  3. Robert Eugene Lyle v. Donald Wyrick, Warden, Missouri State PenitentiaryCourt of Appeals for the Eighth Circuit · 1977
  4. Alvarado v. StateCourt of Appeals of Texas · 1988
  5. Bendler v. PercyDistrict Court, E.D. Wisconsin · 1979

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