Legal Opinion

Creel v. Estelle

District Court, N.D. Texas

Decided May 2, 1977No. Civ. A. No. 1-74-24PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

BREWSTER, District Judge.

This habeas corpus action seeks to set aside petitioner’s conviction for murder with malice and life sentence in Cause No. 12,015, the State of Texas vs. James Duke Creel, after a trial by jury in the 91st District Court of Eastland County, Texas. The conviction was affirmed on direct appeal. Creel v. State, 493 S.W.2d 814 (Tex. Cr.App., 1973).

The two grounds alleged are quoted from the petition:

“A. Petitioner’s State trial conviction was obtained through an illegal search and seizure without Probable Cause. Without an arrest warrant and without a…

2Cases cited22 opinions

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Chimel v. CaliforniaSupreme Court of the United States · 1969
  4. Brinegar v. United StatesSupreme Court of the United States · 1949
  5. Chambers v. MaroneySupreme Court of the United States · 1970

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3Cited by1 opinion

  1. James Duke Creel v. Henry B. Keene, Chairman, Board of Pardons and ParolesCourt of Appeals for the Fifth Circuit · 1991

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