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James P. Cole v. W. J. Estelle, Jr., Director, Texas Department of Corrections

James P. COLE, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee

Cole v. W. J. Estelle, Jr., Dir., Tex. Dep't of Corr., 532 F.2d 1039 (5th Cir. 1976)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
June 7, 1976
Docket
No. 75-2258
Judges
Goldberg, Dyer, Simpson
Citations
532 F.2d 10391976 U.S. App. LEXIS 8680

Opinion — Per Curiam

PER CURIAM:

Cole was tried in a Texas State Court before a jury in jail garb for armed robbery. His defense was alibi. The jury found Cole guilty and hé was subsequently sentenced to twenty years in the penitentiary. The Texas Court of Criminal Appeals affirmed. After exhausting state post-conviction relief remedies he sought habeas relief in the district court. The writ was denied. We affirm.

Cole was not compelled to stand trial in jail garb, nor did he raise the issue before or at trial. “Accordingly, although the State cannot, consistent with the Fourteenth Amendment, compel an accused to stand trial before a jury while dressed in identifiable prison clothes, the failure to make an objection to the court as to being tried in such clothes, for whatever reason, is sufficient to negate the presence of compulsion necessary to establish a constitutional violation.”

Estelle v. Williams, 1976, - U.S. -, 96 S.Ct. 1691 , 48 L.Ed.2d 126 [No. 74-676, 44 L.W. 4609, May 3, 1976], AFFIRMED.

How later courts describe this case

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

1976: 219762026peak 1976 · 2

Relies on it most ⓘ

  1. United States v. Bobby Gene Casey540 F.2d 811 (5th Cir. 1976)
  2. Cole v. Estelle536 F.2d 390 (5th Cir. 1976)

Most recent

  1. United States v. Bobby Gene Casey540 F.2d 811 (5th Cir. 1976)
  2. Cole v. Estelle536 F.2d 390 (5th Cir. 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

DepthCaseCited by
Estelle v. Williams, 425 U.S. 501 (1976) 1,884

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