Leonard L. McLain v. Dr. George J. Beto, Director, Taxas Department of Corrections

Fifth Circuit

Leonard L. McLain v. Dr. George J. Beto, Director, Taxas Department of Corrections

441 F.2d 703, 1971 U.S. App. LEXIS 10768

Court of Appeals for the Fifth Circuit·Decided April 13, 1971·No. 30147·Published·Cited by 1 cases

Opinion

PER CURIAM:

The Court has carefully examined the record and considered all of the contentions made in the appellant’s brief. The judgment is affirmed for the reasons stated in the district court’s opinion orders of January 30, 1970, and in light of Pate v. Robinson, 1966, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815; Lee v. Alabama, 5 Cir. 1967, 386 F.2d 97; Floyd v. United States, 5 Cir. 1966, 365 F.2d 368; and Carroll v. Beto, 5 Cir. 1970, 421 F.2d 1065. See Local Rule 21. 1

Although the District Court ordered the State of Texas to retry or release McLain, this is not to be construed to prohibit any commitment made pursuant to article 46.02, Vernon’s Ann.Tex., C.C.P., nor to prevent proceeding under the Texas Mental Health Code, Vernon’s Ann.Civ.St., art. 5547-1 et seq., or any other relevant state procedure, nor to preclude subsequent trial at any time McLain is determined to be competent to stand trial.

1

. See N. L. R. B. v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966.

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PER CURIAM:

The Court has carefully examined the record and considered all of the contentions made in the appellant’s brief. The judgment is affirmed for the reasons stated in the district court’s opinion orders of January 30, 1970, and in light of Pate v. Robinson, 1966, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815; Lee v. Alabama, 5 Cir. 1967, 386 F.2d 97; Floyd v. United States, 5 Cir. 1966, 365 F.2d 368; and Carroll v. Beto, 5 Cir. 1970, 421 F.2d 1065. See Local Rule 21. 1

Although the District Court ordered the State of Texas to retry or release McLain, this is not to be construed to prohibit any commitment made pursuant to article 46.02, Vernon’s Ann.Tex., C.C.P., nor to prevent proceeding under the Texas Mental Health Code, Vernon’s Ann.Civ.St., art. 5547-1 et seq., or any other relevant state procedure, nor to preclude subsequent trial at any time McLain is determined to be competent to stand trial.

1

. See N. L. R. B. v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966.

Leonard L. McLain v. Dr. George J. Beto, Director, Taxas Department of Corrections, 441 F.2d 703, 1971 U.S. App. LEXIS 10768 (5th Cir. 1971).

Pincite

441 F.2d 703 (Leonard L. McLain v. Dr. George J. Beto, Director, Taxas Department of Corrections) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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