TaiLexi AI U.S. Case Law

Harry Green v. Dr. George Beto, Director, Texas Department of Corrections

Harry GREEN, Petitioner-Appellant, v. Dr. George BETO, Director, Texas Department of Corrections, Respondent-Appellee

Green v. Beto, 460 F.2d 322 (5th Cir. 1972)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
June 13, 1972
Docket
No. 72-1420
Judges
Gewin, Ainsworth, Simpson
Citations
460 F.2d 322

Opinion — Per Curiam

PER CURIAM:

This appeal is taken from an order of the District Court denying the petition of a Texas state prisoner for the writ of habeas corpus. We affirm.

Appellant is presently serving an 18-year sentence for possession of narcotics. The conviction was affirmed on direct appeal. Green v. State, Tex.Cr.App.1970, 451 S.W.2d 893 . As grounds for relief appellant contended that the Trial Court erred in refusing to grant a mistrial after the prosecutor made improper remarks during his closing argument. He also contended that evidence was introduced which was seized under an invalid search warrant. Finally, appellant contended that the prosecution circumvented the court’s pretrial order to produce the search warrant when it produced a warrant and affidavit different from the one used at the actual trial. Appellant alleged that the defense constructed around the warrant produced had to be abandoned, leaving him no time to study and defend against the warrant introduced.

The record reveals that the last stated issue is presently under consideration in the Texas Court of Criminal Appeals, on the appellant’s motion for post-conviction relief under Article 11.07, Texas Code of Criminal Procedure. This Court has consistently required that state remedies be exhausted as to all issues raised in a federal habeas corpus petition. 28 U.S.C. § 2254 ; Burroughs v. Wainwright, 5 Cir., 1972, 454 F.2d 1165 ; Anderson v. Beto, 5 Cir., 1972, 456 F.2d 1303 ; Johnson v. Wainwright, 5 Cir., 1971, 453 F.2d 385 . Clearly, appellant’s state remedies have not been exhausted.

Affirmed.

How later courts describe this case

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

1972: 11973: 41974: 21975: 11976: 119722026peak 1973 · 4

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 4

DepthCaseCited by
Johnson v. Wainwright, 453 F.2d 385 (5th Cir. 1971) 14
Burroughs v. Wainwright, 454 F.2d 1165 (5th Cir. 1972) 7
Green v. State, 451 S.W.2d 893 (Tex. Crim. App. 1970) 7
Anderson v. Beto, 456 F.2d 1303 (5th Cir. 1972) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list