Leo Daniel Luton v. State of Texas and H. E. Moore, Warden

On the former hearing of the appeal from a denial of a writ of habeas corpus seeking invalidation of a Texas conviction for murder and a capital sentence, we remanded the case because of the trial court’s error in rejecting a proffered affidavit as altogether inadmissible. Luton v. State of Texas, 5 Cir., 1962, 303 F.2d 899. On remand the District Court received the affidavit in evidence and, as also expressly permitted by our decision and mandate, the Court heard such further oral testimony as was offered.

The constitutional issue was whether petitioner had effective representation by…