TOMLIN v. BETO

No. 23394.

377 F.2d 276 (1967)

Earl Gene TOMLIN, Appellant, v. Dr. George BETO, Director, Texas Department of Corrections and the State of Texas, Appellees.

United States Court of Appeals Fifth Circuit.

May 12, 1967.


Attorney(s) appearing for the Case

Clyde W. Woody, Houston, Tex., for appellant.

Sam R. Wilson, Asst. Atty. Gen., Houston, Tex., Lonny F. Zwiener, Asst. Atty. Gen., Austin, Tex., Waggoner Carr, Atty. Gen. of Texas, Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., for appellees.

Before WISDOM, COLEMAN, and GODBOLD, Circuit Judges.


PER CURIAM:

The petitioner's primary contention is that the procedure for establishing recidivism under the Texas Punishment Enhancement Statutes (Habitual Offender Acts) is unconstitutional. Tomlin argues that the procedure violates the due process clause of the Fourteenth Amendment in that, through the indictment and evidence of prior convictions, the state informs jurors of such convictions before they determine his guilt of the primary offense. The Supreme Court...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases