Beto v. Martin, No. 25282.
| Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
| Writing for the Court | PER CURIAM |
| Citation | 396 F.2d 432 |
| Parties | Dr. George J. BETO, Director, Texas Department of Corrections, Appellant, v. Richard Allen MARTIN, Appellee. |
| Docket Number | No. 25282. |
| Decision Date | 01 July 1968 |
396 F.2d 432 (1968)
Dr. George J. BETO, Director, Texas Department of Corrections, Appellant,
v.
Richard Allen MARTIN, Appellee.
No. 25282.
United States Court of Appeals Fifth Circuit.
May 14, 1968.
Rehearing Denied July 1, 1968.
Thomas F. Keever, Asst. Atty. Gen., Houston, Tex., Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., A. J. Carubbi, Jr., Executive Asst. Robert C. Flowers, Asst. Atty. Gen., for appellant.
Jack Connell, Wichita Falls, Tex., Donald & Connell, Bowie, Tex., for appellee.
Before RIVES, BELL and GOLDBERG, Circuit Judges.
Rehearing En Banc Denied July 1, 1968.
GRIFFIN B. BELL, Circuit Judge:
Martin, a Texas State prisoner, is serving a life sentence as a recidivist. The sentence was imposed upon a third conviction of burglary. He contended in a petition for writ of habeas corpus that he was denied the assistance of counsel in taking an appeal from the state court conviction. The District Court agreed and granted the writ conditioned on an out of time appeal. See the following cases providing for out of time appeals: Schwander v. United States, 5 Cir., 1967, 386 F.2d 20; Lyles v. United States, 5 Cir., 1965, 346 F.2d 789; Brewen v. United States, 5 Cir., 1967, 375 F.2d 285; Bray v. United States, 5 Cir., 1966, 370 F.2d 44; Camp v. United States, 5 Cir., 1965, 352 F.2d 800.
Dr. Beto appeals on the ground that the facts of record did not warrant the finding by the court that Martin was denied counsel in connection with his appeal. We affirm.
Martin was represented by retained counsel in his state court trial. His retained counsel represented him through sentencing and for the purpose of filing an unsuccessful motion for new trial. He was then discharged by Martin and the state trial judge, knowing that Martin desired to appeal, advised him of his right to appointed counsel on appeal in the event he were indigent. Martin replied that he would employ counsel or handle his own appeal without counsel. Martin was sentenced in September 1965 and in November 1965 he advised the Texas Court of Criminal Appeals by letter as follows:
"Being financially unable to obtain the services of a lawyer, I personally am giving the facts in this case to the best of my ability."
Martin filed no pauper's oath as required by Texas law and consequently no transcript of the trial proceedings was made available to the appellate court. In January 1966 he acknowledged receipt of the notice of submission date from the Court...
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Hubbard v. State, 6 Div. 715
...and knows or has reason to know that he is an indigent. Johnson v. Wainwright, 5 Cir., 1972, 456 F.2d 1200; Beto v. Martin, 5 Cir., 1968, 396 F.2d 432; Worts v. Dutton, 5 Cir., 1968, 395 F.2d 341. Neither of these two conditions were "Petitioner's second ground for appeal is the claim of in......
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West v. State of Louisiana, No. 72-1338.
...rel. Gockley v. Myers, 3 Cir. 1969, 411 F.2d 216 (en banc); Waddell v. Wainwright, 5 Cir. 1969, 410 F.2d 736; Beto v. Martin, 5 Cir. 1968, 396 F.2d 432. In some cases, therefore, the need to assure prompt protection for federal rights may supersede the policy in favor of deference to state ......
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Wynn v. Smith, No. 30004.
...547 (C.A.5 1965). See, e. g., O'Neal v. Beto, 428 F.2d 1164 (C.A.5 1970); Montos v. Smith, 406 F.2d 1243 (C.A.5 1969); Beto v. Martin, 396 F.2d 432 (C.A.5 1968); Hill v. Beto, 390 F.2d 640 (C.A.5 1968); Cobb v. Balkcom, 339 F.2d 95 (C.A.5 1964); Whitus v. Balkcom, 333 F.2d 496 (C.A.5), cert......
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...a transaction having no connection with the forum, when a foreign defendant's contacts with the forum are substantial. 360 F.2d at 440; 396 F.2d at 432. In each case, however, the plaintiff was a resident of the forum, and the Court explicitly stated in Volkswagen that "the suit is not unre......
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West v. State of Louisiana, No. 72-1338.
...rel. Gockley v. Myers, 3 Cir. 1969, 411 F.2d 216 (en banc); Waddell v. Wainwright, 5 Cir. 1969, 410 F.2d 736; Beto v. Martin, 5 Cir. 1968, 396 F.2d 432. In some cases, therefore, the need to assure prompt protection for federal rights may supersede the policy in favor of deference to state ......
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Hubbard v. State, 6 Div. 715
...and knows or has reason to know that he is an indigent. Johnson v. Wainwright, 5 Cir., 1972, 456 F.2d 1200; Beto v. Martin, 5 Cir., 1968, 396 F.2d 432; Worts v. Dutton, 5 Cir., 1968, 395 F.2d 341. Neither of these two conditions were "Petitioner's second ground for appeal is the claim of in......
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Wynn v. Smith, No. 30004.
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