Home/Fifth Circuit/Clifford Darrell Carroll v. Dr. George J. Beto, Director, Texas Department of Corrections

Clifford Darrell Carroll v. Dr. George J. Beto, Director, Texas Department of Corrections

379 F.2d 329, 1967 U.S. App. LEXIS 5896
CourtCourt of Appeals for the Fifth Circuit
DecidedJune 22, 1967
DocketMisc. 746
StatusPublished
Cited by20 cases

This text of 379 F.2d 329 (Clifford Darrell Carroll v. Dr. George J. Beto, 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
Clifford Darrell Carroll v. Dr. George J. Beto, Director, Texas Department of Corrections, 379 F.2d 329, 1967 U.S. App. LEXIS 5896 (5th Cir. 1967).

Opinion

PER CURIAM:

This is an appeal from the denial of a petition for a writ of habeas corpus filed by a Texas prisoner convicted of murder with malice. The trial began on September 21, 1964, and the jury found applicant guilty and recommended the death penalty. His execution has been stayed pending the disposition of this appeal.

Applicant contends that he was affirmatively denied the right to counsel when a confession was elicited from him which was later admitted at trial. He also contends that the presence of still and television cameras in the courtroom resulted in the deprivation of a fair trial.

Applicant has failed to present these contentions to the Texas courts in a state habeas corpus proceeding pursuant to Article 11.07 of the new Texas Code of Criminal Procedure. This article provides for an evidentiary hearing and factual determination by the Texas courts in a state habeas corpus proceeding.

Therefore, it is ordered that the application for a certificate of probable cause, for leave to appeal in forma pauperis and for appointment of counsel be denied. 28 U.S.C.A. § 2254.

It is further ordered that the execution be stayed for sixty days so that the *330 remedy available by virtue of Article 11.07 of the Texas Code of Criminal Procedure can be exhausted.

In all other respects the order of the District Court is

Affirmed.

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379 F.2d 329, 1967 U.S. App. LEXIS 5896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clifford-darrell-carroll-v-dr-george-j-beto-director-texas-department-ca5-1967.