Legal Opinion

Taylor v. Beto

District Court, S.D. Texas

Decided February 10, 1970No. Civ. A. No. 69-H-104Published

1Opinion of the Court

MEMORANDUM AND ORDER

NOEL, District Judge.

Petitioner, a prisoner in state custody, has filed a petition for writ of habeas corpus. Respondent has filed an answer with state and federal court pleadings attached.

In 1961 petitioner was tried and convicted for possession of narcotics, and was sentenced as a habitual criminal to life imprisonment. Two federal convictions (in 1951 and 1953) were the predicate to his' sentence as a habitual criminal.

Petitioner now contends that his sentence as a habitual criminal was unconstitutional because Federal Judge Allen B. Hannay of this court deprived him of…

2Cases cited5 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Carnley v. CochranSupreme Court of the United States · 1962
  3. Carter v. IllinoisSupreme Court of the United States · 1946
  4. Huffman v. BetoDistrict Court, S.D. Texas · 1966
  5. Master Sutton v. United StatesCourt of Appeals for the Fifth Circuit · 1965

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