Robert L. Edmonds, Jr. v. County of Jefferson, State of Texas, District Criminal Court, Beaumont, Texas

402 F.2d 68

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 23, 1968
• Docket: 26276_1
• Status: Published

Opinion

PER CURIAM:

Petitioner seeks a dismissal of a Texas state felony charge and a detainer against him while serving a federal sentence in Texarkana, Texas, on the ground that the state has denied him a speedy trial while he remains in federal custody. The district court denied relief and we affirm.

The appellant contends that the state has denied him his right to a speedy trial by not prosecuting him in state court through issuance of a writ of habeas corpus ad prosequendum to the federal prison. This Court has recently affirmed a district court’s denial of relief in similar eases. Henderson v. Circuit Court, 5 Cir.1968, 392 F.2d 551; Petty v. State of Georgia, 5 Cir.1968, 395 F.2d 770; Harper v. State of Missouri, 5 Cir.1968, 395 F.2d 769. For the reasons there stated the judgment is

Affirmed.