Bobby Joe Foy v. W. J. Estelle, Director, Texas Department of Corrections

Fifth Circuit

Bobby Joe Foy v. W. J. Estelle, Director, Texas Department of Corrections

472 F.2d 1381, 1973 U.S. App. LEXIS 11523

CourtCourt of Appeals for the Fifth Circuit

DecidedFebruary 21, 1973

Docket72-3541

StatusPublished

This text of 472 F.2d 1381 (Bobby Joe Foy v. W. J. Estelle, 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.

Bluebook

Bobby Joe Foy v. W. J. Estelle, Director, Texas Department of Corrections, 472 F.2d 1381, 1973 U.S. App. LEXIS 11523 (5th Cir. 1973).

Pincite

Opinion

PER CURIAM:

Appellant claims that his state court plea of guilty was involuntary and coerced because he had been subjected to an illegal search and seizure, had been denied an examining trial, and had been denied counsel for a substantial period of time, and after he obtained counsel it had been ineffective. The federal habeas court found that his counsel had been effective and that appellant had entered a voluntary plea of guilty which waived the other asserted grounds for relief, they being non-jurisdictional in nature. The finding that counsel was effective was not clearly erroneous. The finding of waiver was correct. McMillin v. Beto, 447 F.2d 453 (5th Cir. 1971).

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM:

Appellant claims that his state court plea of guilty was involuntary and coerced because he had been subjected to an illegal search and seizure, had been denied an examining trial, and had been denied counsel for a substantial period of time, and after he obtained counsel it had been ineffective. The federal habeas court found that his counsel had been effective and that appellant had entered a voluntary plea of guilty which waived the other asserted grounds for relief, they being non-jurisdictional in nature. The finding that counsel was effective was not clearly erroneous. The finding of waiver was correct. McMillin v. Beto, 447 F.2d 453 (5th Cir. 1971).

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

472 F.2d 1381, 1973 U.S. App. LEXIS 11523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobby-joe-foy-v-w-j-estelle-director-texas-department-of-corrections-ca5-1973.