Legal Opinion

Julian J. Donald v. Sheriff Clarence Jones of Dallas County, Texas

Court of Appeals for the Fifth Circuit

Decided July 22, 1971No. 30389_1PublishedCited by 35 opinions

1Opinion of the Court

SKELTON, Judge:

This is an appeal from an order of the United States District Court for the Northern District of Texas denying ha-beas corpus relief and granting a certificate for probable cause. Petitioner, Julian J. Donald, filed a petition for habeas corpus on June 4, 1970, alleging, inter alia, that he was deprived of the right to a jury trial on the punishment part of a bifurcated trial, because of ex post facto application of Article 37.07 of the Texas Code of Criminal Procedure.

The root of the problem in this case stems from a change in Texas law with regard to the jury’s assessing a…

2Cases cited10 opinions

  1. Beazell v. OhioSupreme Court of the United States · 1925
  2. Thompson v. UtahSupreme Court of the United States · 1898
  3. Gibson v. MississippiSupreme Court of the United States · 1896
  4. Duncan v. MissouriSupreme Court of the United States · 1894
  5. Michael Joseph Gurleski and Dorothy Villafranca v. United States of America, Frank Smith v. United StatesCourt of Appeals for the Fifth Circuit · 1969

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3Cited by35 opinions

  1. Mangum v. HargettCourt of Appeals for the Fifth Circuit · 1995
  2. Watkins v. StateCourt of Criminal Appeals of Texas · 1978
  3. United States v. Blue Sea LineCourt of Appeals for the Fifth Circuit · 1977
  4. State v. SmithWisconsin Supreme Court · 2005
  5. Toney v. StateCourt of Criminal Appeals of Texas · 1979

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