Otis Loper v. O. B. Ellis, General Manager, Texas Department of Corrections

The Texas Courts sentenced appellant on November 17, 1947, to from five to fifty years for rape. He now complains that his attorney was not present at his sentencing. He is no novice at the ha-beas corpus route, Ex parte Loper, Tex. Cr.App.1949, 219 S.W.2d 81, certiorari denied, Loper v. State, 337 U.S. 946, 69 S.Ct. 1504, 93 L.Ed. 1749; Ex parte Loper, Tex.Cr.App.1949, 223 S.W.2d 523; Loper v. Ellis, 5 Cir., 1955, 224 F.2d 901, 902 (referring to “a succession of petitions”), and his present charge has been carefully considered.

His present petition for habeas corpus was initially filed in the…