Legal Opinion

State of Texas and Dr. George J. Beto v. James Edward Graves

Court of Appeals for the Fifth Circuit

Decided September 7, 1967No. 23100PublishedCited by 10 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge:

Tried in a Texas state court for murder with malice, Graves was convicted by jury verdict and sentenced to death. The conviction was affirmed on direct appeal, 1 but. Graves was successful in obtaining a writ of habeas corpus from the court below. The grant of the writ was based on two grounds: that Graves was denied the effective assistance of counsel under the precepts of Escobedo v. State of Illinois, 378 U.S. 478, 84 S.Ct. 1758, 12 L.Ed.2d 977 (1964); and that the procedure used by the state trial judge to determine the voluntariness and admissibility of Graves’…

2Cases cited20 opinions

  1. Jackson v. DennoSupreme Court of the United States · 1964
  2. Escobedo v. IllinoisSupreme Court of the United States · 1964
  3. Johnson v. New JerseySupreme Court of the United States · 1966
  4. Linkletter v. WalkerSupreme Court of the United States · 1965
  5. Rogers v. RichmondSupreme Court of the United States · 1961

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3Cited by10 opinions

  1. State v. JacksonSupreme Court of Missouri · 1973
  2. Johnny R. Martinez v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1980
  3. Walter Darrell Morris v. Otto C. Boles, Warden of the West Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1967
  4. Joseph Essie Fisher v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  5. William R. Daugherty v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1968

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