Jiles v. Beto, 71-1236.
Citation | 442 F.2d 569 |
Decision Date | 10 May 1971 |
Docket Number | No. 71-1236.,71-1236. |
Parties | Sam JILES, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Sam Jiles, pro se.
Crawford C. Martin, Atty. Gen., Larry J. Craddock, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.
Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.
This appeal is taken from the district court's denial of habeas corpus relief to a Texas state prisoner. We affirm.1
The appellant was convicted of burglary in 1962, and as a third felonious offender, his punishment was assessed at life imprisonment pursuant to Texas's habitual criminal statute. He now challenges the validity of his two 1947 convictions used to enhance his present sentence on the ground that he was denied his right to counsel at those court proceedings.
In response to appellant's habeas petition the State of Texas submitted the court records relative to the 1947 convictions which show the trial judge's marginal notations of the names "Catlin" and "Ingram". Although the records themselves fail to designate the names as the appellant's attorneys, the state filed an affidavit of the clerk of the court wherein the appellant was convicted, which states that such marginal notation was "a customary method of showing appointment of counsel on a plea of guilty" in 1947. The respondent also submitted an affidavit of the executive director of the State Bar Association which discloses that both Mr. Catlin and Mr. Ingram were practicing attorneys in Houston during 1947, but that both are now deceased.
We believe the district court was eminently correct in its ruling that ...
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Webster v. Estelle
...of the attorneys. On facts similar to those in the present case we recently affirmed a denial of habeas corpus relief. In Jiles v. Beto, 5 Cir., 1971, 442 F.2d 569, petitioner alleged lack of counsel. The State offered the trial judge's marginal notations of the names of the attorneys on co......
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Cline v. United States, 30170.
...beyond appellant's to be had. There was, therefore, simply no reason for the district court to conduct a hearing. Jiles v. Beto, 442 F.2d 569 (5th Cir., 1971). Moreover, an evidentiary hearing need not be held if, even granting the truth of a petitioner's allegations, no collateral conseque......