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Melvin Junior Welch v. Texas Board of Parole and Pardon

Melvin Junior WELCH, Petitioner-Appellant, v. TEXAS BOARD OF PAROLE AND PARDON, Respondent-Appellee

Welch v. Tex. Bd. of Parole & Pardon, 460 F.2d 298 (5th Cir. 1972)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
May 31, 1972
Docket
No. 72-1361
Judges
Bell, Dyer, Clark
Citations
460 F.2d 2981972 U.S. App. LEXIS 9276

Opinion — Per Curiam

PER CURIAM:

Appellant’s petition to the district court in which he sought discharge from a Texas, state detainer was dismissed as being frivolous.

In the absence of a certificate of probable cause, as is the case here, we are without jurisdiction to entertain his appeal. Hooks v. 4th District Court of Appeal, Fla., 5 Cir., 1971, 442 F.2d 1042 ; Hines v. Pitcher, 5 Cir., 1961, 440 F.2d 792 . Cf. Stewart v. Beto, 5 Cir., 1971, 451 F.2d 185 . There has been no application to the district court for a certificate of probable cause despite notice to appellant of the jurisdictional defect. The appeal will therefore be and it is Dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1978: 11996: 119782026peak 1978 · 1

Relies on it most ⓘ

  1. Newby v. Johnson81 F.3d 567 (5th Cir. 1996)
  2. Eddie R. McKibben v. Joe S. Hopper, Warden, Georgia State Prison, Reidsville, Georgia565 F.2d 1316 (5th Cir. 1978)

Most recent

  1. Newby v. Johnson81 F.3d 567 (5th Cir. 1996)
  2. Eddie R. McKibben v. Joe S. Hopper, Warden, Georgia State Prison, Reidsville, Georgia565 F.2d 1316 (5th Cir. 1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Hines v. Sargent Pitcher, 440 F.2d 792 (5th Cir. 1971) 4
Hooks v. 4th Dist. Court of Appeal, Fla., & State of Fla., & Walter Colbaith, Etc., No. 71-1329 Summary Calendar, 442 F.2d 1042 (5th Cir. 1971) 3
Stewart v. Beto, 451 F.2d 185 (5th Cir. 1971) 3

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