Legal Opinion

Spring v. Caldwell

District Court, S.D. Texas

Decided August 31, 1981No. Civ.A.No. H-79-2570PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

SEALS, District Judge.

This action involves a petition for a federal writ of habeas corpus brought under 28 U.S.C. § 2241. On June 25, 1981, the Court entered its Memorandum and Order and Final Judgment in this case. 516 F.Supp. 1223. The Final Judgment included a declaration that Section 38.02 of the Texas Penal Code is unconstitutional. Presently before the Court are the Texas Attorney General’s Motion to Intervene, under 28 U.S.C. § 2403(b) and Rule 24(a)(1), Fed.R. Civ.P., and Motion for a New Trial, under Rule 59, Fed.R.Civ.P. Also, before the Court is the respondents’…

2Cases cited21 opinions

Terry v. OhioSupreme Court of the United States · 1968
Stone v. PowellSupreme Court of the United States · 1976
Dunaway v. New YorkSupreme Court of the United States · 1979
Brown v. TexasSupreme Court of the United States · 1979
Illinois State Board of Elections v. Socialist Workers PartySupreme Court of the United States · 1979

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3Cited by1 opinion

Presley v. City of BenbrookCourt of Appeals for the Fifth Circuit · 1993