Bertsch v. Beto

Memorandum and Order:

NOEL, District Judge.

In its Memoradum and Order of May 18, 1966, 254 F.Supp. 257, this Court found each of petitioner’s allegations then before the Court to be without merit and dismissed his petition. By such action petitioner was denied leave to file his second amended petition for failure to have presented the new allegation contained therein to the Texas courts within the meaning of 28 U.S.C.A. § 2254. Petitioner then proceeded immediately to present this new allegation to the Texas Court of Criminal Appeals, which denied his application for writ of habeas corpus on…