Jerry Mack Dorrough v. W. J. Estelle, Director, Texas Department of Corrections

Fifth Circuit

Jerry Mack Dorrough v. W. J. Estelle, Director, Texas Department of Corrections

512 F.2d 1061, 1975 U.S. App. LEXIS 14925

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 28, 1975

Docket73-1881

StatusPublished

This text of 512 F.2d 1061 (Jerry Mack Dorrough 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.

Bluebook

Jerry Mack Dorrough v. W. J. Estelle, Director, Texas Department of Corrections, 512 F.2d 1061, 1975 U.S. App. LEXIS 14925 (5th Cir. 1975).

Pincite

Opinion

BY THE COURT:

The earlier opinion of this Court in this case, reported at 497 F.2d 1007 (5 Cir. 1974), was reversed by the United States Supreme Court. See Estelle v. Dorrough, 1975, - U.S. -, 95 S.Ct. 1173, 43 L.Ed.2d 377. Dorrough’s sole contention in the district court and in this Court was that the Texas statute which provided for the dismissal of any pending direct criminal appeal of a defendant who escaped from confinement after sentencing, Vernon’s Tex.Code Crim.Proc.Ann., Art. 44.09, denied him the equal protection of the laws. The district court had denied relief, but this Court found the statute invalid, and in its mandate issued August 20, 1974, ordered that, unless the State of Texas provided Dorrough an appeal or a new trial within a reasonable time if an effective appeal were not possible, the district court should issue a writ voiding the detainer warrant the state had lodged against him. The Supreme Court found that the statute did not offend the Equal Protection Clause, and reversed. In its opinion the Court noted that Dorrough sought to raise new contentions before it, but declined to consider them.-U.S. at-, 95 S.Ct. at 1175, 43 L.Ed.2d at 380. None of those other issues is presently before us.

It is therefore ordered and adjudged that the earlier judgment of this Court in this cause is hereby vacated and set aside, and that the mandate of this Court issued on August 20, 1974, is hereby recalled, and that in its stead a mandate shall issue forthwith affirming the judgment of the district court denying the petition for a writ of habeas corpus.

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

BY THE COURT:

The earlier opinion of this Court in this case, reported at 497 F.2d 1007 (5 Cir. 1974), was reversed by the United States Supreme Court. See Estelle v. Dorrough, 1975, - U.S. -, 95 S.Ct. 1173, 43 L.Ed.2d 377. Dorrough’s sole contention in the district court and in this Court was that the Texas statute which provided for the dismissal of any pending direct criminal appeal of a defendant who escaped from confinement after sentencing, Vernon’s Tex.Code Crim.Proc.Ann., Art. 44.09, denied him the equal protection of the laws. The district court had denied relief, but this Court found the statute invalid, and in its mandate issued August 20, 1974, ordered that, unless the State of Texas provided Dorrough an appeal or a new trial within a reasonable time if an effective appeal were not possible, the district court should issue a writ voiding the detainer warrant the state had lodged against him. The Supreme Court found that the statute did not offend the Equal Protection Clause, and reversed. In its opinion the Court noted that Dorrough sought to raise new contentions before it, but declined to consider them.-U.S. at-, 95 S.Ct. at 1175, 43 L.Ed.2d at 380. None of those other issues is presently before us.

It is therefore ordered and adjudged that the earlier judgment of this Court in this cause is hereby vacated and set aside, and that the mandate of this Court issued on August 20, 1974, is hereby recalled, and that in its stead a mandate shall issue forthwith affirming the judgment of the district court denying the petition for a writ of habeas corpus.

Cite This Page — Counsel Stack

Bluebook (online)

512 F.2d 1061, 1975 U.S. App. LEXIS 14925, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jerry-mack-dorrough-v-w-j-estelle-director-texas-department-of-ca5-1975.

Opinion

Related

Cite This Page — Counsel Stack