LYLES v. BETO

Decision Date18 January 1965
Citation379 U.S. 648
CourtU.S. Supreme Court

Certiorari granted; judgment vacated; and case remanded.

Reported below: 329 F.2d 332.

E. D. Vickery for petitioner.

Waggoner Carr, Attorney General of Texas, and Sam R. Wilson, Assistant Attorney General, for respondent.

PER CURIAM.

The motion for leave to proceed in forma pauperis and the petition for writ of certiorari are granted. The judgment is vacated and the case is remanded to the Court of Appeals for reconsideration in light of Massiah v. United States, 377 U.S. 201.

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11 cases
  • Davis v. Burke
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 2 Abril 1969
    ... ...         As respondent notes, the same Circuit in the following year, Lyles v. Beto, 5 Cir., 1964, 329 F.2d 332, discussed Lee, observing that no warnings were given to Lee and then declined to reverse denial of writ of ... ...
  • United States v. State of New Jersey, 14833
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 20 Mayo 1965
    ... ... the same circuit refused to follow Lee on the broad ground that there was no right to counsel 351 F.2d 440 at that stage of the proceeding, Lyles v. Beto, 329 F.2d 332 (5 Cir. 1964), the Supreme Court has vacated that latter judgment and remanded the case back to the Court of Appeals in light ... ...
  • Anders v. State
    • United States
    • Texas Court of Criminal Appeals
    • 23 Septiembre 1969
    ... ... Lilliock, 62 Cal.2d 618, 43 Cal.Rptr. 699, 401 P.2d 4; Lee v. Unites States, 322 F.2d 772 (5th Cir.) ...         And Lyles v. Beto, 329 F.2d 332 (5th Cir.) cited as support for the conclusion reached in Turner, was reversed for reconsideration in light of Massiah. 379 ... ...
  • United States v. Fay
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 29 Abril 1966
    ... ...          II. THE RETROACTIVITY QUESTION ...         Petitioner argues that the Supreme Court's decision in Lyles v. Beto, 379 U.S. 648, 85 S.Ct. 613, 13 L.Ed.2d 552 (1965), precludes this court from holding that Massiah is not retroactive. The Court in Lyles ... ...
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