Legal Opinion

Branch v. Beto

District Court, S.D. Texas

Decided September 6, 1973No. Civ. A. 70-H-286PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SINGLETON, District Judge.

Petitioner was convicted in state court of felony theft. His punishment, enhanced under the Texas recidivist statute, 1 was set at life. The conviction was affirmed by the Texas Court of Criminal Appeals in Branch v. State, 445 S.W.2d 756 (1969). After exhausting his state remedies, petitioner asks for habeas corpus relief alleging his imprisonment is illegal and in violation of the Constitution for four reasons.

First, petitioner contends that he was denied his sixth amendment right to counsel at his examining trial. In Coleman v. Alabama, 399…

2Cases cited22 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. Stovall v. DennoSupreme Court of the United States · 1967
  3. Johnson v. New JerseySupreme Court of the United States · 1966
  4. Green v. United StatesSupreme Court of the United States · 1957
  5. Coleman v. AlabamaSupreme Court of the United States · 1970

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3Cited by2 opinions

  1. Reed v. StateCourt of Criminal Appeals of Tennessee · 1979
  2. Reed v. StateCourt of Criminal Appeals of Tennessee · 1979

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