Legal Opinion

Ex parte Fivel

Court of Appeals of Texas

Decided January 16, 1986No. 01-85-00736-CRPublished

1Opinion of the Court

OPINION

JACK SMITH, Justice.

The appellant seeks review of an order of the trial court denying his petition for ha-beas corpus relief.

The appellant’s sole contention is that the charges against him, i.e., eight counts of aggravated robbery, should be dismissed because he was not afforded a probable cause hearing within 24 hours after his arrest. He bases this argument upon Sanders v. City of Houston, 548 F.Supp. 694 (S.D.Tex.1982), aff'd, 741 F.2d 1379 (5th Cir.1984), in which the City of Houston, its agents and employees, were enjoined from detaining persons, who had been arrested without a…

2Cases cited6 opinions

  1. Baker v. McCollanSupreme Court of the United States · 1979
  2. Gerstein v. PughSupreme Court of the United States · 1975
  3. Ex Parte GarciaCourt of Criminal Appeals of Texas · 1977
  4. Dillingham Tug & Barge Corp. v. Collier Carbon & Chemical Corp.District Court, N.D. California · 1981
  5. Manning v. StateCourt of Appeals of Texas · 1984

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