James P. Cole v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Fifth Circuit

James P. Cole v. W. J. Estelle, Jr., Director, Texas Department of Corrections

532 F.2d 1039, 1976 U.S. App. LEXIS 8680

Court of Appeals for the Fifth Circuit·Decided June 7, 1976·No. 75-2258·Published·Cited by 2 cases

Opinion

PER CURIAM:

Cole was tried in a Texas State Court before a jury in jail garb for armed robbery. His defense was alibi. The jury found Cole guilty and hé was subsequently sentenced to twenty years in the penitentiary. The Texas Court of Criminal Appeals affirmed. After exhausting state post-conviction relief remedies he sought habeas relief in the district court. The writ was denied. We affirm.

Cole was not compelled to stand trial in jail garb, nor did he raise the issue before or at trial. “Accordingly, although the State cannot, consistent with the Fourteenth Amendment, compel an accused to stand trial before a jury while dressed in identifiable prison clothes, the failure to make an objection to the court as to being tried in such clothes, for whatever reason, is sufficient to negate the presence of compulsion necessary to establish a constitutional violation.” Estelle v. Williams, 1976, - U.S. -, 96 S.Ct. 1691, 48 L.Ed.2d 126 [No. 74-676, 44 L.W. 4609, May 3, 1976],

AFFIRMED.

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PER CURIAM:

Cole was tried in a Texas State Court before a jury in jail garb for armed robbery. His defense was alibi. The jury found Cole guilty and hé was subsequently sentenced to twenty years in the penitentiary. The Texas Court of Criminal Appeals affirmed. After exhausting state post-conviction relief remedies he sought habeas relief in the district court. The writ was denied. We affirm.

Cole was not compelled to stand trial in jail garb, nor did he raise the issue before or at trial. “Accordingly, although the State cannot, consistent with the Fourteenth Amendment, compel an accused to stand trial before a jury while dressed in identifiable prison clothes, the failure to make an objection to the court as to being tried in such clothes, for whatever reason, is sufficient to negate the presence of compulsion necessary to establish a constitutional violation.” Estelle v. Williams, 1976, - U.S. -, 96 S.Ct. 1691, 48 L.Ed.2d 126 [No. 74-676, 44 L.W. 4609, May 3, 1976],

AFFIRMED.

James P. Cole v. W. J. Estelle, Jr., Director, Texas Department of Corrections, 532 F.2d 1039, 1976 U.S. App. LEXIS 8680 (5th Cir. 1976).

Pincite

532 F.2d 1039 (James P. Cole v. W. J. Estelle, Jr., Director, Texas Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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