Legal Opinion
Rogelio Gutierrez v. W. J. Estelle, Director, Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided May 10, 1973No. 72-3570PublishedCited by 20 opinions
1Opinion of the Court
INGRAHAM, Circuit Judge:
Rogelio Gutierrez is a prisoner of the State of Texas, having been convicted of assault with intent to murder without malice. Upon proof of two prior felony convictions, his sentence was enhanced to life imprisonment under Art. 63 of the Texas Penal Code. Asserting that the prior convictions were constitutionally infirm under Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963), and thus inadmissible for enhancement, Burgett v. Texas, 389 U.S. 109, 88 S.Ct. 258, 19 L.Ed.2d 319 (1967), Gutierrez has sought relief in the state, Gutierrez v. State, 456…
2Cases cited36 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- In Re GAULTSupreme Court of the United States · 1967
- Powell v. AlabamaSupreme Court of the United States · 1932
31 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- David A. Davis v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
- Robert Webster v. W. J. Estelle, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1974
- Edward Eugene Brown v. United StatesCourt of Appeals for the Fourth Circuit · 1973
- Thomas Allen Moran v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1979
- Bruneau v. StateWisconsin Supreme Court · 1977
15 more not listed; retrieve them via the Exa API.