696 F.2d 329 (5th Cir. 1983), 82-2057, Moya v. Estelle

Docket Nº82-2057
Citation696 F.2d 329
Party NameDavid MOYA, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.
Case DateJanuary 24, 1983
CourtUnited States Courts of Appeals, United States Court of Appeals (5th Circuit)

Page 329

696 F.2d 329 (5th Cir. 1983)

David MOYA, Petitioner-Appellant,

v.

W.J. ESTELLE, Jr., Director, Texas Department of

Corrections, Respondent-Appellee.

No. 82-2057

United States Court of Appeals, Fifth Circuit

January 24, 1983

Page 330

David Moya, pro se.

Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Appeal from the United States District Court for the Southern District of Texas.

Before CLARK, Chief Judge, POLITZ and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

This is an appeal from a denial without evidentiary hearing of a state prisoner's petition for habeas corpus. On June 28, 1976, David Moya, petitioner, pled guilty in the District Court of Victoria County, Texas, to the state charge of aggravated robbery. Moya and his co-defendant, James Clayton Issiah, were sentenced to serve not more than 25 years, nor less than five years, in the Texas Department of Corrections. On May 2, 1979, Moya filed the present petition asserting: (1) fatally defective indictment, (2) failure to explain the consequences of his guilty plea, (3) involuntary guilty plea, and (4) ineffective assistance of counsel. Moya had exhausted state remedies by stating these same issues to the state court. By supplemental petition Moya urged that the district court had unreasonably delayed decision of his petition. The magistrate, without hearing, recommended denial of the writ on September 1, 1981. After consideration of petitioner's objections to the magistrate's report, the district court adopted the magistrate's report on December 9, 1981. Petitioner did not bring forward on this appeal his claims that the indictment was fundamentally defective or that the trial court failed to advise him of the consequences of the guilty plea. Instead Moya in this court retreats to four overlapping claims. We will address each in turn.

Delay in Processing Habeas Petition

Moya contends that he is entitled to federal habeas corpus relief under Sec. 2254 on grounds of unreasonable delay by the district court in processing his federal petition. He argues that a delay of 31 months to dispose of his petition is unreasonable and amounts to an "unlawful suspension of the Great Writ." The magistrate and district court did not specifically address this claim of delay. However, a remand is unnecessary. The issue involves only a question of law which does not require factual development to resolve. See Gray v. Lucas, 677 F.2d 1086, 1103 (5th Cir.1982). We are persuaded that this claim is without merit.

Moya relies upon Word v. North Carolina, 406 F.2d 352, 354 (4th Cir.1969), Palmer v. Cranor, 45 Wash.2d 278, 273 P.2d 985 (1954), and Tyler v. Croom, 288 F.Supp. 870 (E.D.N.C.1968). None support this claim.

Page 331

In Word, the court was concerned with the "proper district court" in which to bring an action attacking the conviction in a state other than the state in which the...

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17 practice notes
  • Foster v. Warden, 072616 LAWDC, 5:16-cv-815
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Courts. 5th Circuit. Western District of Louisiana
    • July 26, 2016
    ...provide the required and adequate factual basis necessary to the resolution of the habeas corpus petition. See Mova v. Estelle, 696 F.2d 329, 323-33 (5th Cir. 1983); Easter v. Estelle, 609 F.2d. 756, 761 (5th Cir. Before reaching the merits of a habeas claim, a prel......
  • 707 F.2d 155 (5th Cir. 1983), 81-1587, Bruce v. Estelle
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • June 13, 1983
    ...district court handled his writ of habeas corpus. Bruce's petition does not state a basis for federal habeas relief. In Moya v. Estelle, 696 F.2d 329 (5th Cir.1983), the state prisoner argued to this court that he was entitled to a writ of habeas corpus because the federal district court un......
  • York v. Vannoy, 050119 LAWDC, C. A. 5:17-CV-223-P
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Courts. 5th Circuit. Western District of Louisiana
    • May 1, 2019
    ...of material fact relevant to York's claims, and the state court records provide an adequate factual basis. See Moya v. Estelle, 696 F.2d 329, 332-33 (5th Cir. 1983); Easter v. Estelle, 609 F.2d 756, 761 (5th Cir. 1980); Habeas Corpus Rule B. Standard of Review An......
  • 844 F.2d 203 (5th Cir. 1988), 86-3605, United States v. Smith
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • April 19, 1988
    ...v. Guidry, 799 F.2d 183, 188 (5th Cir.1986). [19] 575 F.2d 515 (5th Cir.1978). [20] Id. at 519 (citations omitted). [21] Moya v. Estelle, 696 F.2d 329, 332 (5th [22] Id. [23] Id. [24] 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). [25] 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)......
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17 cases
  • Foster v. Warden, 072616 LAWDC, 5:16-cv-815
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Courts. 5th Circuit. Western District of Louisiana
    • July 26, 2016
    ...provide the required and adequate factual basis necessary to the resolution of the habeas corpus petition. See Mova v. Estelle, 696 F.2d 329, 323-33 (5th Cir. 1983); Easter v. Estelle, 609 F.2d. 756, 761 (5th Cir. Before reaching the merits of a habeas claim, a prel......
  • 707 F.2d 155 (5th Cir. 1983), 81-1587, Bruce v. Estelle
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • June 13, 1983
    ...district court handled his writ of habeas corpus. Bruce's petition does not state a basis for federal habeas relief. In Moya v. Estelle, 696 F.2d 329 (5th Cir.1983), the state prisoner argued to this court that he was entitled to a writ of habeas corpus because the federal district court un......
  • York v. Vannoy, 050119 LAWDC, C. A. 5:17-CV-223-P
    • United States
    • Federal Cases United States District Courts 5th Circuit United States District Courts. 5th Circuit. Western District of Louisiana
    • May 1, 2019
    ...of material fact relevant to York's claims, and the state court records provide an adequate factual basis. See Moya v. Estelle, 696 F.2d 329, 332-33 (5th Cir. 1983); Easter v. Estelle, 609 F.2d 756, 761 (5th Cir. 1980); Habeas Corpus Rule B. Standard of Review An......
  • 844 F.2d 203 (5th Cir. 1988), 86-3605, United States v. Smith
    • United States
    • Federal Cases United States Courts of Appeals United States Court of Appeals (5th Circuit)
    • April 19, 1988
    ...v. Guidry, 799 F.2d 183, 188 (5th Cir.1986). [19] 575 F.2d 515 (5th Cir.1978). [20] Id. at 519 (citations omitted). [21] Moya v. Estelle, 696 F.2d 329, 332 (5th [22] Id. [23] Id. [24] 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). [25] 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984)......
  • Request a trial to view additional results