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Heard v. Gomez

United States Court of Appeals, Fifth Circuit
Jul 10, 1963
321 F.2d 88 (5th Cir. 1963)

Opinion

No. 20079.

July 10, 1963.

Norman V. Suarez, Asst. Atty. Gen. of Texas, Waggoner Carr, Atty. Gen. of Texas, I. Raymond Williams, Jr., Asst. Atty. Gen. of Texas, Austin, Tex., for appellant.

Bernard A. Golding, Houston, Tex., Wayne Basden, Big Spring, Tex., for appellee.

Before HUTCHESON and GEWIN, Circuit Judges, and CONNALLY, District Judge.


This is an appeal from an order of the district judge, granting petitioner, appellee here, a writ of habeas corpus, on the ground that he was denied the right of assistance of counsel of his own choice in the hearing in the state court in which he was convicted and that such was a denial of due process of law. In support of his order, the district judge filed a memorandum opinion.

Gomez v. Heard, D.C., 218 F. Supp. 228.

While the respondent, appellant here, in his brief vigorously contests the correctness of the order, we think it clear that the district judge was right, for the reason that he gave, and that his judgment granting the writ without prejudice to the State of Texas to retry the petitioner on the indictment pending in a state district court, within a reasonable time from the date of the judgment in this case, should be, and it is hereby AFFIRMED. Glasser v. United States, 315 U.S. 60, 62 S.Ct. 457, 86 L.Ed. 680; Powell v. Alabama, 287 U.S. 45, 53 S. Ct. 55, 77 L.Ed. 158.


Summaries of

Heard v. Gomez

United States Court of Appeals, Fifth Circuit
Jul 10, 1963
321 F.2d 88 (5th Cir. 1963)
Case details for

Heard v. Gomez

Case Details

Full title:Jack HEARD, Acting Director, Texas Department of Corrections, Appellant…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 10, 1963

Citations

321 F.2d 88 (5th Cir. 1963)

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