Richard Gerzin v. Dr. George J. Beto

Fifth Circuit

Richard Gerzin v. Dr. George J. Beto

459 F.2d 671, 1972 U.S. App. LEXIS 10088

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 13, 1972

Docket72-1240

StatusPublished

Cited by5 cases

This text of 459 F.2d 671 (Richard Gerzin v. Dr. George J. Beto) 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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Richard Gerzin v. Dr. George J. Beto, 459 F.2d 671, 1972 U.S. App. LEXIS 10088 (5th Cir. 1972).

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Opinion

PER CURIAM:

This appeal is taken from an order of the district court denying the habeas petition of a Texas state prisoner. We vacate and remand.

The habeas corpus petition filed by appellant presented matters which could only be determined from the record of the state trial, or failing that, after an evidentiary hearing in the district court. The petition was denied by the district court, on the recommendation of a magistrate, without an evidentiary hearing and without the benefit of the record of the state proceedings.

The judgment is therefore vacated and the cause remanded to enable the district court to view the state records and, if necessary, hold an evidentiary hearing to evaluate the appellant’s allegations. Brooks v. Smith, 5 Cir., 1970, 429 F.2d 1281; Hollingshead v. Wainwright, 5 Cir., 1970, 423 F.2d 1059.

Vacated and remanded.

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