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

CourtCourt of Appeals for the Fifth Circuit

DecidedJune 7, 1976

Docket75-2258

StatusPublished

Cited by2 cases

This text of 532 F.2d 1039 (James P. Cole v. W. J. Estelle, Jr., 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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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).

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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.

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532 F.2d 1039, 1976 U.S. App. LEXIS 8680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-p-cole-v-w-j-estelle-jr-director-texas-department-of-ca5-1976.

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