Howard J. St. Jules v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Howard J. ST. JULES, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant

Howard J. St. Jules v. W. J. Estelle, Jr., Dir., Tex. Dep't of Corr., 505 F.2d 656 (5th Cir. 1974)

Court: Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided: December 20, 1974
Docket: No. 74-2010
Judges: Brown, Coleman, Dyer, Per Curiam
Citations: 505 F.2d 6561974 U.S. App. LEXIS 5561

Cited by 3 1 descriptions by later courts Original from court

Opinion — Per Curiam

PER CURIAM:

Our most recent case dealing with the constitutional impact of trying a defendant while clothed in prison garb is Williams v. Estelle [1974], 500 F.2d 206 . The controlling law on that subject requires no further elaboration.

Howard James St. Jules is a Texas prisoner, serving a sentence for burglary with enhanced punishment, Article 63, Vernon’s Ann.Texas Penal Code. See St. Jules v. State, Tex.Civ.App., 438 S.W.2d 568 (1969), in which the issue presently to be discussed was not raised.

On application for the writ of habeas corpus, the District Court, after an evi-dentiary hearing, found that St. Jules was tried while attired in prison clothes and that under the circumstances the error was not harmless. The Attorney General of Texas has appealed.

Upon the appellate record, briefs, and oral argument we are of the opinion that the findings of the District Court are not susceptible to “clearly erroneous” condemnation. The judgment must, in this respect, be affirmed.

*657 We find it unnecessary to reach, or intimate any opinion, as to the voluntary or involuntary character of a purported confession which the Texas Court of Criminal Appeals found to be voluntary and which the District Court found otherwise. If the State of Texas elects to retry St. Jules, as it has a right to do within a reasonable time, this issue can be resolved on a fresh, and possibly more complete, record.

Affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(confession given on promise of confidentiality was not voluntary)

State ex rel. J. P. B., 362 A.2d 1183 (N.J. Super. Ct. App. Div. 1976)

Cited by 3 cases

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Relies on it most ⓘ

State ex rel. J. P. B.362 A.2d 1183 (N.J. Super. Ct. App. Div. 1976)
Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation685 F.2d 1227 (11th Cir. 1982)
State in Interest of JPB362 A.2d 1183 (N.J. Super. Ct. App. Div. 1976)

Most recent

Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender Rehabilitation685 F.2d 1227 (11th Cir. 1982)
State in Interest of JPB362 A.2d 1183 (N.J. Super. Ct. App. Div. 1976)
State ex rel. J. P. B.362 A.2d 1183 (N.J. Super. Ct. App. Div. 1976)

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 1

Depth	Case	Cited by
	St. Jules v. State, 438 S.W.2d 568 (Tex. Crim. App. 1969)	28

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