Emilio Casias v. Dr. George J. Beto, Director, Texas Department of Corrections

Emilio Casias, a Texas state prisoner, appeals from the denial by the District Court, 333 F.Supp. 214, of his application for writ of habeas corpus. Two questions are presented on appeal: (1) Whether under the holding of North Carolina v. Pearce, 395 U.S. 711, 89 S. Ct. 2072, 23 L.Ed.2d 656 (1969), appellant’s constitutional right to due process has been violated as a result of the imposition by a second jury on retrial of a harsher sentence than that imposed by a different jury on the original trial for the same offense; and (2) whether appellant’s confession was improperly admitted into…