391 SW2D 732 - Ex parte Doby

How this case has been cited

Cited by 5 later decisions — most recently May 1982

2 federal appellate · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

MORRISON, Judge.

¶1This is an original application for writ of habeas corpus. Our opinions affirming petitioner’s conviction appear in Doby v. State, 383 S.W.2d 418.

¶2As we pointed out on motion for rehearing, the search warrant was exhibited to petitioner’s counsel, and after examination, counsel stated that he had no objection.

¶3We held this application on our docket to await the action of the Supreme Court of the United States in Linkletter v. Walker, 85 S.Ct. 1731 (June 7, 1965) and Angelet v. Fay, 85 S.Ct. 1750 (June 7, 1965).

¶4We have now concluded that even though petitioner was in the appellate process at the time the Supreme Court handed down Aguilar v. State of Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723, he may not avail himself in this collateral attack of the rule therein announced because of his failure to object to the introduction of the fruits of the search at the time of trial.

¶5The writ of habeas corpus is denied.