Legal Opinion

Childress v. Johnson

Court of Appeals for the Fifth Circuit

Decided January 10, 1997No. 95-20865PublishedCited by 134 opinions

1Opinion of the Court

BENAVIDES, Circuit Judge:

Joe David Childress appeals the district court’s denial of his petition for a writ of habeas corpus. Childress is serving a term of twenty-five years in Texas state prison for leaving the scene of an accident. He challenges the severity of his sentence, arguing that his prison term was unconstitutionally enhanced based on two burglary convictions secured in the late 1940s in violation of his Sixth Amendment right to counsel. These convictions preceded by many years the Supreme Court’s recognition that defendants in state felony cases have the federal constitutional…

2Cases cited55 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. United States v. CronicSupreme Court of the United States · 1984
  5. Powell v. AlabamaSupreme Court of the United States · 1932

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3Cited by134 opinions

  1. Appel v. HornCourt of Appeals for the Third Circuit · 2001
  2. United States v. MoussaouiCourt of Appeals for the Fourth Circuit · 2010
  3. O'Brien v. DuboisCourt of Appeals for the First Circuit · 1998
  4. Goodwin v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
  5. Alexander v. CockrellCourt of Appeals for the Fifth Circuit · 2002

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