Legal Opinion

Charles Branch v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

Court of Appeals for the Fifth Circuit

Decided December 4, 1980No. 80-1515PublishedCited by 77 opinions

1Opinion of the Court

GARZA, Circuit Judge:

Charles Branch, convicted of burglary of a habitation in Texas State Court and sentenced by a jury to 25 years imprisonment, appeals the denial of his petition for habeas corpus relief brought under 28 U.S.C. § 2254. He claims four bases for the relief sought: (1) unlawful pretrial identification procedure, (2) improper and prejudicial jury argument by the prosecution, (3) trial upon a fatally defective indictment, and (4) admission of an involuntary confession at his trial.

FACTS

On June 9, 1975, a clear, sunny day at about 3:00 in the afternoon, Ronald Tucker was working…

2Cases cited25 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. Neil v. BiggersSupreme Court of the United States · 1972
  3. Jackson v. DennoSupreme Court of the United States · 1964
  4. Donnelly v. DeChristoforoSupreme Court of the United States · 1974
  5. United States v. AshSupreme Court of the United States · 1973

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3Cited by77 opinions

  1. Jimmy Lee Gray v. Eddie Lucas, WardenCourt of Appeals for the Fifth Circuit · 1982
  2. Benny Dale Alexander v. O.L. McCotter Director, of Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1985
  3. Charles Milton v. Raymond K. Procunier, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1984
  4. State v. HarrisSupreme Court of North Carolina · 1983
  5. Tolbert Dickson v. Louie L. WainwrightCourt of Appeals for the Eleventh Circuit · 1982

72 more not listed; retrieve them via the Exa API.

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