Robert Lee Cannon v. O. B. Ellis, General Manager, Texas Prison System
This text of 217 F.2d 309 (Robert Lee Cannon v. O. B. Ellis, General Manager, Texas Prison System) 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.
Opinion
Petitioner below, appellant here, a prisoner in custody under a state court sentence, sought habeas corpus relief therefrom. The district judge *310 denied the petition and also refused to issue a certificate of probable cause, and the appellee, through the Attorney General of the State of Texas, has moved to dismiss the appeal on the ground that, in the absence of a certificate of probable cause as required by Section 2253, Title 28 U.S.C.A., this Court is without jurisdiction to. entertain the appeal. This being so, 1 and. neither the Court nor any member thereof finding any basis in the record for the issuance of such certificate, the motion is granted and the appeal is dismissed.
. Harris v. Ellis, 5 Cir., 204 F.2d 685.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
217 F.2d 309, 1954 U.S. App. LEXIS 3117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-lee-cannon-v-o-b-ellis-general-manager-texas-prison-system-ca5-1954.