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427 F.2d 1161

Docket No. 28858

Brown v. Evans

Fifth Circuit Court of Appeals

Decided June 19, 1970.

Fifth Circuit Court of Appeals · decided 1970-06-19

Cited by 1 later decisions — most recently June 1970

1 federal appellate ·

2 counsel of record

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Carafas v. J · Peyton v. Rowe · Murphy v. Houma Well Service

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1970-06-19

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¶1Summary Calendar.

¶2*1162Raymond Lee Brown, appellant, pro se.

¶3Frank Coffey, Criminal Dist. Atty., Truman Power, Ft. Worth, Tex., for appellee.

¶4Before JOHN R. BROWN, Chief Judge, MORGAN and INGRAHAM, Circuit Judges.

¶5PER CURIAM:

¶6Appellant is here seeking reversal of the District Court’s denial of his petition for a writ of habeas corpus. The central issue raised by this pro se petition is the validity of the arrest and detention of Appellant by Fort Worth, Texas local police officers pursuant to a detainer based upon a Commissioner’s complaint filed in the United States District Court for the Central District of California charging flight to avoid prosecution. Since at this stage regardless of the merits of Appellant’s claim we cannot grant relief, we affirm.1

¶7Appellant was arrested on June 17, 1968. On July 8, 1968 the California complaint under which he was arrested was dismissed, but Appellant was held pursuant to that detainer until July 30, 1968 when he was charged with numerous State offenses. Apparently, the Fort Worth officials did not learn of the dismissal of the complaint in California and took no steps to inquire about the continuing validity of the detainer until September 9, 1969 when inquiry was made pursuant to a show cause order issued in response to Appellant’s petition in this case.

¶8It is clear that Appellant is now being held pursuant to the State charges. Two of these have resulted in convictions, the appeals of which are *1163currently pending before the Texas Court of Criminal Appeals. Thus we could not grant Appellant any effective relief even if on review of the merits the original arrest and detention were found invalid. And the effect o,f that arrest and subsequent detention on the State convictions is initially for the State Courts. 28 U.S.C.A. § 2254(b). Texas v. Payton, 5 Cir., 1968, 390 F.2d 261; Perry v. Decker, 5 Cir., 1969, 415 F.2d 773. And since the detention under the Federal charges did not result in a conviction, or present the likelihood of other adverse consequences, see Carafas v. Lavallee, 1968, 391 U.S. 234, 88 S.Ct. 1556, 20 L.Ed.2d 554; Peyton v. Rowe, 1968, 391 U.S. 54, 88 S.Ct. 1549, 20 L.Ed.2d 426; United States v. Meyer, 8 Cir., 1969, 417 F.2d 1020, 1022 n.2, there is no basis in this context for inquiring into the validity of such arrest and detention.

¶9Affirmed.

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