Martin v. Beto
Citation | 397 F.2d 741 |
Decision Date | 14 August 1968 |
Docket Number | No. 24672.,24672. |
Parties | James Bryson MARTIN, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee. |
Court | U.S. Court of Appeals — Fifth Circuit |
Clyde W. Woody, Marian S. Rosen, Houston, Tex., for appellant.
Lonny F. Zwiener, Howard Fender, Asst. Attys. Gen., Austin, Tex., for appellee.
Before RIVES, GEWIN and THORNBERRY, Circuit Judges.
This appeal from the district court's denial of habeas corpus stems from the Probate Court scandal that rocked Houston, Texas, in 1962, and presents some important constitutional questions.
The appellant Martin was convicted of bribery, sentenced to imprisonment for four years and fined $2500.00. His conviction was affirmed by the Court of Criminal Appeals of Texas.1 Certiorari was denied by the Supreme Court of the United States accompanied by the following significant memorandum of the Chief Justice:
Martin v. Texas, 1965, 382 U.S. 928, 929, 86 S.Ct. 307, 15 L.Ed.2d 340.
Thereafter, Martin filed in the Court of Criminal Appeals of Texas a motion to vacate the judgment, urging reconsideration in the light of Chief Justice Warren's memorandum and of certain recent decisions of the United States Supreme Court. That motion was overruled on December 1, 1965, and Martin began the service of his sentence on December 9, 1965.
On the same date, Martin filed in the federal district court his petition for habeas corpus. A plenary hearing was had from January 3 to January 12, 1966. On August 22, 1966, the district court entered full findings of fact and conclusions of law2 and denied the writ of habeas corpus.
On appeal the claimed errors are stated by Martin in his "Specifications of Error" as follows:
For convenience we restate the questions presented on appeal:
1. Did the district court err in overruling Martin's objections to the transcript which accompanied appellee's motion to reopen evidence?
2. Was evidence against Martin unconstitutionally obtained as a result of grand jury subpoenas issued by an assistant district attorney who signed the name of the grand jury foreman?
3. Was evidence against Martin unconstitutionally obtained through subpoenas issued by the Court of Inquiry?
4. Were the Court of Inquiry procedures in fact utilized by the State of Texas to replace or violate the grand jury indictment system?
5. Did the Fifth, Sixth and Fourteenth Amendments to the Constitution of the United States guarantee to Martin a right to be tried on indictment of a grand jury?
6. Did the Sixth and Fourteenth Amendments to the Constitution of the United States secure to Martin a right to be tried in the county in which the crime was alleged to have been committed?
7. Did the action of the State court in sua sponte ordering a change of venue from Harris County to Brazos County violate any federal constitutional rights of Martin?
8. Did the publicity attending the Court of Inquiry proceedings unconstitutionally deprive Martin of a fair trial in Brazos County?
We shall briefly discuss the eight questions in that order.
1. The evidence originally was closed on the plenary hearing in the district court on January 12, 1966. Subsequently on March 4, 1966, the respondent filed a motion to reopen the evidence for the purpose of introducing additional evidence as to the knowledge possessed by the district attorney, prior to the Court of Inquiry, of the evidence upon which Martin was convicted. That additional evidence consisted of a 61-page transcription of 10 dictaphone belts recording conversations on Friday, June 7, 1962, a week before the opening of the Court of Inquiry, between three attorneys, Dick Putney, Jim Clark and Pete Moore and the District Attorney and three Assistant District Attorneys. Martin objected because there was no showing as to why, by the exercise of due diligence, this evidence could not have been offered before the evidence at the habeas hearing was closed. The district court overruled that objection and admitted the transcription in evidence.
At that time no order had been entered nor had the briefs of the parties been filed. There appeared no possibility of wrongful prejudice to Martin by allowing the reopening of the evidence for this limited purpose. Whether the case should be reopened for receipt of this evidence was peculiarly within the discretion of the district court and we find no abuse of discretion.3
2. Copies of the grand jury subpoenas appear not to have been kept on file in regular...
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