Minafee v. Estelle

Fifth Circuit

Minafee v. Estelle

491 F.2d 1096, 1974 U.S. App. LEXIS 9407

CourtCourt of Appeals for the Fifth Circuit

DecidedMarch 29, 1974

DocketNo. 73-3391

StatusPublished

Cited by1 cases

This text of 491 F.2d 1096 (Minafee v. Estelle) 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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Minafee v. Estelle, 491 F.2d 1096, 1974 U.S. App. LEXIS 9407 (5th Cir. 1974).

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Opinion

PER CURIAM:

The district court dismissed the habeas petition of Otis Minafee on the merits of all but one of the contentions raised. Finding that contention had not been exhausted in the state forum, it was dismissed without prejudice.

Although it recognized that the specific constitutional arguments in Minafee’s petition had not been presented to the Texas courts, the district court found that the alleged errors asserted on Minafee’s direct appeal in Texas had been predicated upon the same factual bases as his federal habeas contentions. This factual sameness will not support a holding that such constitutional assertions have been exhausted. See Picard v. Connor, 404 U.S. 270, 277, 92 S.Ct. 509, 513, 30 L.Ed.2d 438, 444 (1971).

The cause is vacated and remanded with instructions to the district court to dismiss without prejudice as to all issues.

Vacated and remanded.

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PER CURIAM:

The district court dismissed the habeas petition of Otis Minafee on the merits of all but one of the contentions raised. Finding that contention had not been exhausted in the state forum, it was dismissed without prejudice.

Although it recognized that the specific constitutional arguments in Minafee’s petition had not been presented to the Texas courts, the district court found that the alleged errors asserted on Minafee’s direct appeal in Texas had been predicated upon the same factual bases as his federal habeas contentions. This factual sameness will not support a holding that such constitutional assertions have been exhausted. See Picard v. Connor, 404 U.S. 270, 277, 92 S.Ct. 509, 513, 30 L.Ed.2d 438, 444 (1971).

The cause is vacated and remanded with instructions to the district court to dismiss without prejudice as to all issues.

Vacated and remanded.

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491 F.2d 1096, 1974 U.S. App. LEXIS 9407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minafee-v-estelle-ca5-1974.

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