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

Court of Appeals for the Fifth Circuit·Decided September 27, 1973·No. 73-2046·Published

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.

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).

Pincite

485 F.2d 250 (Gary Del Glover v. W.J. Estelle, Director, Texas Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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