Sam Hoover v. Dr. George J. Beto, Director, Texas Department of Corrections

RIVES, Circuit Judge,

dissenting, with whom WISDOM, THORNBERRY, GOLDBERG, GODBOLD and SIMPSON, Circuit Judges, join, and with whom GEWIN, Circuit Judge, joins in Part II and a portion of Part III of the opinion:

Hoover appeals from the denial of his habeas petition challenging the validity of his conviction in a Texas state court of the offense of being an accomplice to the commission of robbery. The state court sentenced him to imprisonment for a term of sixty years. Hoover’s habeas petition is based upon two separate federal constitutional grounds: (1) his right to be secure in his home from…