Gary Del Glover v. W.J. Estelle, Director, Texas Department of Corrections

Fifth Circuit

Gary Del Glover v. W.J. Estelle, Director, Texas Department of Corrections

485 F.2d 250, 1973 U.S. App. LEXIS 7734

CourtCourt of Appeals for the Fifth Circuit

DecidedSeptember 27, 1973

Docket73-2046

StatusPublished

This text of 485 F.2d 250 (Gary Del Glover 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.

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Gary Del Glover v. W.J. Estelle, Director, Texas Department of Corrections, 485 F.2d 250, 1973 U.S. App. LEXIS 7734 (5th Cir. 1973).

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Opinion

PER CURIAM:

In its consideration of this state prisoner’s habeas petition, the district court neither held an evidentiary hearing nor had before it the record of petitioner’s trial, or at least the state record was not introduced into evidence. 1 That court has thus failed to conduct its required independent inquiry into the petitioner’s constitutional claims. See Townsend v. Sain, 1963, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770. Its judgment is therefore vacated and the case is remanded for further consideration.

1

. The matter was handled by a magistrate whose findings, conclusions and recommendation were adopted by the district court. The clerk of the district court has advised this court that all state court materials filed as exhibits in district court were transmitted to this court. The state trial record is not among these exhibits.

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PER CURIAM:

In its consideration of this state prisoner’s habeas petition, the district court neither held an evidentiary hearing nor had before it the record of petitioner’s trial, or at least the state record was not introduced into evidence. 1 That court has thus failed to conduct its required independent inquiry into the petitioner’s constitutional claims. See Townsend v. Sain, 1963, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770. Its judgment is therefore vacated and the case is remanded for further consideration.

1

. The matter was handled by a magistrate whose findings, conclusions and recommendation were adopted by the district court. The clerk of the district court has advised this court that all state court materials filed as exhibits in district court were transmitted to this court. The state trial record is not among these exhibits.

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485 F.2d 250, 1973 U.S. App. LEXIS 7734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-del-glover-v-wj-estelle-director-texas-department-of-corrections-ca5-1973.

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