Redd v. Decker, 71-1767 Summary Calendar.
| Decision Date | 08 September 1971 |
| Docket Number | No. 71-1767 Summary Calendar.,71-1767 Summary Calendar. |
| Parties | Ronald Jim REDD, Petitioner-Appellant, v. James E. (Bill) DECKER, Respondent-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Charles W. Spencer, Dallas, Tex., for petitioner-appellant.
Crawford Martin, Atty. Gen. of Texas, Dunklin Sullivan, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.
Before THORNBERRY, MORGAN and CLARK, Circuit Judges.
Appellant was convicted in state court upon his plea of not guilty to the offense of Assault With Intent to Murder and sentenced to twenty-five years in the penitentiary. His conviction was affirmed by the Texas Court of Criminal Appeals. Redd v. State, 452 S.W.2d 919 (Tex.Crim.App.1969). This appeal is from the district court's denial of habeas corpus relief.
Appellant first contends that his conviction must be reversed because the trial court (1) refused to allow his witnesses to testify to appellant's state of mind subsequent to his arrest, (2) commented on the weight of the evidence by stating in front of the jury that testimony was "self-serving," (3) allowed the jury to view the entire state files pertaining to appellant's past convictions and prison record, only part of which were later introduced at the sentencing hearing, and (4) allowed introduction of records of past convictions which were inadmissible under state law.
The district court found that appellant was not denied procedural due process and that the trial court rulings on the evidentiary matters conformed with state law and did not contravene any constitutional provision. We agree. This Court is here considering a collateral attack upon a state court conviction, not a direct appeal. Only errors reaching constitutional dimensions can thus be considered. All these evidentiary matters were raised at appellant's trial and upon appeal received fair consideration on the basis of existing applicable legal standards. Appellant has failed to establish by these contentions a violation of federal constitutional rights of such magnitude as to entitle him to a new trial.
Appellant next contends that the taking of his fingerprints during the trial for the purpose of proving prior convictions at the sentencing hearing constituted an illegal search and seizure in contravention of the Fourth and Fourteenth Amendments. Illegal detention is not alleged by appellant, and we can see no other basis for such a contention.
Finally, appellant contends that he was denied due process by the trial court's failure to hold a separate hearing on the issue of temporary insanity at the time of the offense and the failure of the trial court, in light of appellant's indigency, to appoint psychiatrists to...
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