Johnson v. Beto, 72-2218.
Citation | 469 F.2d 1396 |
Decision Date | 20 December 1972 |
Docket Number | No. 72-2218.,72-2218. |
Parties | Lee Otis JOHNSON, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant. |
Court | United States Courts of Appeals. United States Court of Appeals (5th Circuit) |
Crawford Martin, Atty. Gen., Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.
William F. Walsh, Bobby H. Caldwell, Charles A. Keilin, Arthur J. Mandell, Bennett Stokes, Houston, Tex., for petitioner-appellee.
Before WISDOM, BELL and COLEMAN, Circuit Judges.
On the ground that Lee Otis Johnson had been denied a fair and impartial trial in a Texas state court, the United States District Court, 337 F.Supp. 1371, granted habeas corpus relief. Of course, Texas has the option of trying Johnson again.
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Jarrett v. State
...McNew v. State, 608 S.W.2d 166, 174 (Tex.Cr.App.1978, reh. den.). See also Johnson v. Beto, 337 F.Supp. 1371, 1379 (S.D.Tex.,1972), aff'd 469 F.2d 1396. We therefore do not find that the punishment assessed Jarrett was cruel and Ground of error four is overruled. Jarrett's fifth ground of e......