Donnie Lynn Swanson v. W. J. Estelle, Director, Texas Department of Corrections, Respondent

Fifth Circuit

Donnie Lynn Swanson v. W. J. Estelle, Director, Texas Department of Corrections, Respondent

523 F.2d 1250, 1975 U.S. App. LEXIS 11798

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 24, 1975

Docket74-4075

StatusPublished

Cited by4 cases

This text of 523 F.2d 1250 (Donnie Lynn Swanson v. W. J. Estelle, Director, Texas Department of Corrections, Respondent) 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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Donnie Lynn Swanson v. W. J. Estelle, Director, Texas Department of Corrections, Respondent, 523 F.2d 1250, 1975 U.S. App. LEXIS 11798 (5th Cir. 1975).

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Opinion

PER CURIAM:

The district court’s grant of petitioner’s application for writ of habeas corpus occurred prior to this Court’s decision in Thomas v. Savage, 513 F.2d 536 (5th Cir. 1975), where we held that the introduction of prior counselless misdemeanor convictions at a subsequent trial could, under appropriate circumstances, constitute harmless error beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). Thomas controls the disposition of this case. We have reviewed the record in this case and have concluded that the use of the misdemeanor convictions was harmless error beyond a reasonable doubt.

*1251 Accordingly, the judgment of the district court is reversed and the cause remanded with directions to discharge the writ.

Reversed and Remanded.

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PER CURIAM:

The district court’s grant of petitioner’s application for writ of habeas corpus occurred prior to this Court’s decision in Thomas v. Savage, 513 F.2d 536 (5th Cir. 1975), where we held that the introduction of prior counselless misdemeanor convictions at a subsequent trial could, under appropriate circumstances, constitute harmless error beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). Thomas controls the disposition of this case. We have reviewed the record in this case and have concluded that the use of the misdemeanor convictions was harmless error beyond a reasonable doubt.

*1251 Accordingly, the judgment of the district court is reversed and the cause remanded with directions to discharge the writ.

Reversed and Remanded.

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523 F.2d 1250, 1975 U.S. App. LEXIS 11798, Counsel Stack Legal Research, https://law.counselstack.com/opinion/donnie-lynn-swanson-v-w-j-estelle-director-texas-department-of-ca5-1975.

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