Legal Opinion

Roy Dale Green v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

Court of Appeals for the Fifth Circuit

Decided August 30, 1979No. 78-3190PublishedCited by 27 opinions

1Opinion of the Court

GOLDBERG, Circuit Judge:

Roy Dale Green, a Texas state prisoner, petitioned the United States district court for a writ of habeas corpus under 28 U.S.C. § 2241. The district court granted the writ, and the state appeals from that grant. For the reasons expressed in this opinion, we affirm the judgment of the district court.

On August 6,1966 Green and his companion, Kenneth McDuff, kidnapped two young boys. They locked the two boys, Marcus Dunnam and Robert Brand, in the trunk of an automobile. A while later McDuff, in Green’s presence, opened the trunk and fired a volley of pistol shots into it…

2Cases cited5 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. Menna v. New YorkSupreme Court of the United States · 1975
  4. Ex Parte GreenCourt of Criminal Appeals of Texas · 1977
  5. Turner v. StateCourt of Criminal Appeals of Texas · 1975

3Cited by27 opinions

  1. Ex Parte WatkinsCourt of Criminal Appeals of Texas · 2002
  2. Ex Parte TaylorCourt of Criminal Appeals of Texas · 2002
  3. George E. Taylor, Jr. v. John P. Whitley, Warden, Louisiana State PenitentiaryCourt of Appeals for the Fifth Circuit · 1991
  4. Neal v. CainCourt of Appeals for the Fifth Circuit · 1998
  5. United States v. FelderDistrict of Columbia Court of Appeals · 1988

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