Home/Fifth Circuit/Lynnwell Smith v. W. J. Estelle, Director, Texas Department of Corrections

Lynnwell Smith v. W. J. Estelle, Director, Texas Department of Corrections

527 F.2d 430, 1976 U.S. App. LEXIS 12753
CourtCourt of Appeals for the Fifth Circuit
DecidedFebruary 20, 1976
Docket74--1188
StatusPublished
Cited by46 cases

This text of 527 F.2d 430 (Lynnwell Smith 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
Lynnwell Smith v. W. J. Estelle, Director, Texas Department of Corrections, 527 F.2d 430, 1976 U.S. App. LEXIS 12753 (5th Cir. 1976).

Opinions

AINSWORTH, Circuit Judge

(specially concurring):

I concur fully in the opinion of Chief Judge Brown insofar as it responds to appellant’s miscontention that harmless error is never applicable to rectify involuntary confessions erroneously admitted into evidence.

As to appellant’s second point, that his trial testimony is induced by his erroneously admitted pretrial confession, it is my view that Chief Judge Brown’s original opinion in this case, 5 Cir., 519 F.2d 1267, adequately considered the facts and circumstances upon which we predicated our denial of petition for habeas corpus. It is with considerable reluctance that I concur in the result herein remanding this case for further supplement of the record. I doubt that we should reward the excellence of the brief of petitioner’s counsel with another evidentiary hearing when, as we have pointed out, what we now order will be the ninth post-conviction proceeding.

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Bluebook (online)
527 F.2d 430, 1976 U.S. App. LEXIS 12753, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lynnwell-smith-v-w-j-estelle-director-texas-department-of-corrections-ca5-1976.