Legal Opinion

McCarty v. Heard

District Court, S.D. Texas

Decided September 19, 1974No. Civ. A. 71-H-1244PublishedCited by 3 opinions

1Opinion of the Court

Memorandum and Order

SINGLETON, District Judge.

Aubrey Langston McCarty, presently confined in the Texas Department of Corrections and represented herein by counsel appointed by this court, seeks habeas corpus relief on the ground that his state conviction is illegal in that he was denied a speedy trial. For the reasons that follow, this court concludes that petitioner was denied his sixth amendment right to a speedy trial, grants the petition, and following the dictates of Strunk v. United States, 412 U.S. 434, 93 S.Ct. 2260, 37 L.Ed.2d 56 (1973), orders that petitioner be released from…

2Cases cited10 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Brown v. AllenSupreme Court of the United States · 1953
  3. Smith v. HooeySupreme Court of the United States · 1969
  4. Strunk v. United StatesSupreme Court of the United States · 1973
  5. McCarty v. StateCourt of Criminal Appeals of Texas · 1973

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3Cited by3 opinions

  1. Turner v. StateCourt of Criminal Appeals of Texas · 1977
  2. Filimon Castillo Perez v. George E. Sullivan, Warden, and Attorney General, State of New MexicoCourt of Appeals for the Tenth Circuit · 1986
  3. Turner v. StateCourt of Criminal Appeals of Texas · 1977

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