Legal Opinion

James Ellis Marks v. W. J. Estelle, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided November 15, 1982No. 81-1323PublishedCited by 22 opinions

1Opinion of the Court

CLARK, Chief Judge:

In this habeas corpus proceeding under 28 U.S.C. § 2254, James Ellis Marks seeks reconsideration of the life sentence he received pursuant to a 1976 state court conviction for aggravated robbery. He contends that the jury’s consideration in the sentencing stage of that trial of two prior uncounselled misdemeanor convictions violated his sixth amendment rights.

The state filed two motions in district court in an effort to pretermit consideration of the merits of Marks’s claim. First, not ing that the two challenged convictions occurred in 1964 and 1965, the state urged the…

2Cases cited20 opinions

  1. Gideon v. WainwrightSupreme Court of the United States · 1963
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Wainwright v. SykesSupreme Court of the United States · 1977
  4. Sibron v. New YorkSupreme Court of the United States · 1968
  5. Engle v. IsaacSupreme Court of the United States · 1982

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

3Cited by22 opinions

  1. Cabello v. StateMississippi Supreme Court · 1988
  2. Joseph Bennard Nichols v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional Division, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1995
  3. Prado McGee Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1984
  4. United States v. DyerCourt of Appeals for the Fifth Circuit · 1998
  5. Wilburn Rollo Mansfield v. Ron ChampionCourt of Appeals for the Tenth Circuit · 1993

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

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