Ex parte Moreno

Court of Criminal Appeals of Texas

Ex parte Moreno

391 S.W.2d 737

CourtCourt of Criminal Appeals of Texas

DecidedJune 16, 1965

DocketNo. 37493

StatusPublished

Cited by1 cases

This text of 391 S.W.2d 737 (Ex parte Moreno) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex parte Moreno, 391 S.W.2d 737 (Tex. 1965).

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Opinion

MORRISON, Judge.

Petitioner’s conviction was affirmed by this Court in Moreno v. State, 170 Tex.Cr.R. 410, 341 S.W.2d 455. Thereafter, this original application for writ of habeas corpus was filed by petitioner, an inmate of the Department of Corrections, in which he alleges that his conviction was void by virtue of the invalidity of the search warrant.

We held this case on our docket to await the action of the Supreme Court of the United States in Linkletter v. Walker, 85 S.Ct. 1731 (June 7, 1965) and Angelet v. Fay, 85 S.Ct. 1750 (June 7, 1965). It is apparent from the reasoning in both opinions that the validity of a search warrant may not be questioned where the decision in the state court conviction became final prior to the decision of the Supreme Court of the United States in Aguilar v. State of Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (June 15, 1964).

The writ of habeas corpus is denied.

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MORRISON, Judge.

Petitioner’s conviction was affirmed by this Court in Moreno v. State, 170 Tex.Cr.R. 410, 341 S.W.2d 455. Thereafter, this original application for writ of habeas corpus was filed by petitioner, an inmate of the Department of Corrections, in which he alleges that his conviction was void by virtue of the invalidity of the search warrant.

We held this case on our docket to await the action of the Supreme Court of the United States in Linkletter v. Walker, 85 S.Ct. 1731 (June 7, 1965) and Angelet v. Fay, 85 S.Ct. 1750 (June 7, 1965). It is apparent from the reasoning in both opinions that the validity of a search warrant may not be questioned where the decision in the state court conviction became final prior to the decision of the Supreme Court of the United States in Aguilar v. State of Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (June 15, 1964).

The writ of habeas corpus is denied.

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Bluebook (online)

391 S.W.2d 737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-moreno-texcrimapp-1965.

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