Robert Carl Scruggs v. W. J. Estelle, Director, Texas Department of Corrections

Fifth Circuit

Robert Carl Scruggs v. W. J. Estelle, Director, Texas Department of Corrections

536 F.2d 1038, 1976 U.S. App. LEXIS 7644

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 9, 1976

Docket74-3180

StatusPublished

Cited by1 cases

This text of 536 F.2d 1038 (Robert Carl Scruggs 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.

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Robert Carl Scruggs v. W. J. Estelle, Director, Texas Department of Corrections, 536 F.2d 1038, 1976 U.S. App. LEXIS 7644 (5th Cir. 1976).

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Opinion

PER CURIAM:

Appellant, Scruggs, was convicted in state court in Tarrant County, Texas for sale of marihauna. During his trial before a jury he wore identifiable prison clothing. Neither Scruggs nor his retained counsel interposed any objection to the prison attire at the outset of or during the trial.

Following his conviction, from which no appeal was taken, Scruggs filed a petition for writ of habeas corpus in the state trial court, asserting a denial of due process because he wore prison garb during his trial. After an adequate evidentiary hearing the trial court made appropriate findings of fact and denied relief. Appellant then exhausted his state remedies by an unsuccessful application to the Texas Court of Criminal Appeals. Scruggs then sought habeas corpus relief in the United States District Court for the Northern District of Texas. Upon an independent review of the pleadings, files and records as well as the findings, conclusions and recommendation of the United States Magistrate the district court adopted the findings and conclusions of the magistrate and denied relief. This appeal followed.

We affirm. The State did not compel Scruggs to stand trial before the jury while dressed in identifiable prison clothes and the failure of appellant and his counsel to make any objection to the trial court to his trial in such attire is sufficient to negate the presence of compulsion. Estelle v. Williams, - U.S. -, 96 S.Ct. 1691, 48 L.Ed.2d 126, 44 U.S.L.W. 4609 (May 3, 1976).

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PER CURIAM:

Appellant, Scruggs, was convicted in state court in Tarrant County, Texas for sale of marihauna. During his trial before a jury he wore identifiable prison clothing. Neither Scruggs nor his retained counsel interposed any objection to the prison attire at the outset of or during the trial.

Following his conviction, from which no appeal was taken, Scruggs filed a petition for writ of habeas corpus in the state trial court, asserting a denial of due process because he wore prison garb during his trial. After an adequate evidentiary hearing the trial court made appropriate findings of fact and denied relief. Appellant then exhausted his state remedies by an unsuccessful application to the Texas Court of Criminal Appeals. Scruggs then sought habeas corpus relief in the United States District Court for the Northern District of Texas. Upon an independent review of the pleadings, files and records as well as the findings, conclusions and recommendation of the United States Magistrate the district court adopted the findings and conclusions of the magistrate and denied relief. This appeal followed.

We affirm. The State did not compel Scruggs to stand trial before the jury while dressed in identifiable prison clothes and the failure of appellant and his counsel to make any objection to the trial court to his trial in such attire is sufficient to negate the presence of compulsion. Estelle v. Williams, - U.S. -, 96 S.Ct. 1691, 48 L.Ed.2d 126, 44 U.S.L.W. 4609 (May 3, 1976).

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536 F.2d 1038, 1976 U.S. App. LEXIS 7644, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-carl-scruggs-v-w-j-estelle-director-texas-department-of-ca5-1976.

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