Legal Opinion
Gilbert Manly Spring v. Harry Caldwell, Chief of Police, City of Houston, State of Texas, Intervenor-Appellant
Court of Appeals for the Fifth Circuit
Decided December 6, 1982No. 81-2357PublishedCited by 39 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
I. Introduction
This is an appeal by Caldwell, the Houston Chief of Police and defendant below, and the State of Texas, intervenor below, from a judgment arising out of a federal habeas corpus proceeding brought under 28 U.S.C. §§ 2241 and 2254 (1976). The district court reached the merits, and held that section 38.02 of the Texas Penal Code, the “Failure to Identify” law, was unconstitutional on its face. 516 F.Supp. 1223, 1231 (S.D.Tex.1981). Caldwell and the State of Texas raise several points of error on their appeal. However, because we hold that the district…
2Cases cited15 opinions
- Carafas v. LaValleeSupreme Court of the United States · 1968
- Jones v. CunninghamSupreme Court of the United States · 1963
- Hensley v. Municipal Court, San Jose-Milpitas Judicial Dist., Santa Clara Cty.Supreme Court of the United States · 1973
- United States ex rel. Lawrence v. WoodsCourt of Appeals for the Seventh Circuit · 1970
- United States ex rel. Wojtycha v. HopkinsCourt of Appeals for the Third Circuit · 1975
10 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Freddie Sevier v. Kenneth TurnerCourt of Appeals for the Sixth Circuit · 1984
- United States v. Joe Clinton SeglerCourt of Appeals for the Fifth Circuit · 1994
- Jesse Richardson v. Sergeant Curtis BondsCourt of Appeals for the Seventh Circuit · 1988
- Ronald S. Biddle v. Amy J. Martin and Paul LehmannCourt of Appeals for the Seventh Circuit · 1993
- United States v. Tomas MaldonadoCourt of Appeals for the Fifth Circuit · 1984
34 more not listed; retrieve them via the Exa API.