Arlice J. Huffman and John F. Burns v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Fifth Circuit

Arlice J. Huffman and John F. Burns v. W. J. Estelle, Jr., Director, Texas Department of Corrections

536 F.2d 1106, 1976 U.S. App. LEXIS 7578

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 13, 1976

Docket75-3662

StatusPublished

Cited by2 cases

This text of 536 F.2d 1106 (Arlice J. Huffman and John F. Burns v. W. J. Estelle, Jr., Director, Texas Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Arlice J. Huffman and John F. Burns v. W. J. Estelle, Jr., Director, Texas Department of Corrections, 536 F.2d 1106, 1976 U.S. App. LEXIS 7578 (5th Cir. 1976).

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Opinion

PER CURIAM:

This is an appeal from the denial of habeas corpus relief to two Texas prisoners, and denial of leave to proceed as a class action on behalf of themselves and “all others similarly situated.” Appellants contend that they were denied due process and equal protection of law when the Governor of Texas commuted their unconstitutional death sentences to 99 years imprisonment. In an appeal raising this same issue in an identical context, we have decided the question against the habeas corpus petitioner. Sellars v. Estelle, 536 F.2d 1104 (5th Cir. 1976). See Curry v. Estelle, 524 F.2d 981, 982 (5th Cir. 1975). The petitioners are incorrect in their argument that a fundamental constitutional right to resentencing before a jury has been abrogated. Rose v. Hodges, 423 U.S. 19, 96 S.Ct. 175, 46 L.Ed.2d 162, 44 U.S.L.W. 3277 (1975); Ant- *1107 wine y. Estelle, 486 F.2d 189 (5th Cir.), cert. denied, 414 U.S. 1115, 94 S.Ct. 847, 38 L.Ed.2d 742 (1973). Furthermore, there is no merit to the suggestion that the Governor’s action amounted to a bill of attainder.

The judgment of the district court is

AFFIRMED.

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PER CURIAM:

This is an appeal from the denial of habeas corpus relief to two Texas prisoners, and denial of leave to proceed as a class action on behalf of themselves and “all others similarly situated.” Appellants contend that they were denied due process and equal protection of law when the Governor of Texas commuted their unconstitutional death sentences to 99 years imprisonment. In an appeal raising this same issue in an identical context, we have decided the question against the habeas corpus petitioner. Sellars v. Estelle, 536 F.2d 1104 (5th Cir. 1976). See Curry v. Estelle, 524 F.2d 981, 982 (5th Cir. 1975). The petitioners are incorrect in their argument that a fundamental constitutional right to resentencing before a jury has been abrogated. Rose v. Hodges, 423 U.S. 19, 96 S.Ct. 175, 46 L.Ed.2d 162, 44 U.S.L.W. 3277 (1975); Ant- *1107 wine y. Estelle, 486 F.2d 189 (5th Cir.), cert. denied, 414 U.S. 1115, 94 S.Ct. 847, 38 L.Ed.2d 742 (1973). Furthermore, there is no merit to the suggestion that the Governor’s action amounted to a bill of attainder.

The judgment of the district court is

AFFIRMED.

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536 F.2d 1106, 1976 U.S. App. LEXIS 7578, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arlice-j-huffman-and-john-f-burns-v-w-j-estelle-jr-director-texas-ca5-1976.

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