Jack Heard, Acting Director, Texas Department of Corrections v. V. A. Gomez

Fifth Circuit

Jack Heard, Acting Director, Texas Department of Corrections v. V. A. Gomez

321 F.2d 88, 1963 U.S. App. LEXIS 4668

Court of Appeals for the Fifth Circuit·Decided July 10, 1963·No. 20079·Published·Cited by 5 cases

Opinion

PER CURIAM.

This is an appeal from an order of the district judge, granting petitioner, ap-pellee here, a writ of habeas corpus, on *89 the ground that he was denied the right of assistance of counsel of his own choice in the hearing in the state court in which he was convicted and that such was a denial of due process of law. In support of his order, the district judge filed a memorandum opinion. 1

While the respondent, appellant here, in his brief vigorously contests the correctness of the order, we think it clear that the district judge was right, for the reason that he gave, and that his judgment granting the writ without prejudice to the State of Texas to retry the petitioner on the indictment pending in a state district court, within a reasonable time from the date of the judgment in this case, should be, and it is hereby AFFIRMED. Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680; Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158.

1

. Gomez v. Heard, D.C., 218 F.Supp. 228.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from an order of the district judge, granting petitioner, ap-pellee here, a writ of habeas corpus, on *89 the ground that he was denied the right of assistance of counsel of his own choice in the hearing in the state court in which he was convicted and that such was a denial of due process of law. In support of his order, the district judge filed a memorandum opinion. 1

While the respondent, appellant here, in his brief vigorously contests the correctness of the order, we think it clear that the district judge was right, for the reason that he gave, and that his judgment granting the writ without prejudice to the State of Texas to retry the petitioner on the indictment pending in a state district court, within a reasonable time from the date of the judgment in this case, should be, and it is hereby AFFIRMED. Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680; Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158.

1

. Gomez v. Heard, D.C., 218 F.Supp. 228.

Jack Heard, Acting Director, Texas Department of Corrections v. V. A. Gomez, 321 F.2d 88, 1963 U.S. App. LEXIS 4668 (5th Cir. 1963).

Pincite

321 F.2d 88 (Jack Heard, Acting Director, Texas Department of Corrections v. V. A. Gomez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related