449 F.2d 1291 - Smith v. Beto — 449 F.2d 1291

How this case has been cited

Cited by 5 later decisions — most recently February 2017

2 federal appellate · 1 district ·

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.

¶1 449 F.2d 1291

¶2Herman Boyd SMITH, Petitioner-Appellant,
v.
Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

¶3No. 71-1645 Summary Calendar.*

¶4United States Court of Appeals, Fifth Circuit.

¶5October 29, 1971.

¶6Appeal from the United States District Court for the Northern District of Texas; Robert M. Hill, District Judge.

¶7Herman B. Smith, pro se.

¶8Crawford C. Martin, Atty. Gen., Roland Daniel Green, III, Austin, Tex., for respondent-appellee.

¶9Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

¶10PER CURIAM:

¶11Affirmed.1 See Local Rule 21.2

¶12Notes:

¶13 Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409

¶14 Appellant sought relief on the grounds that (i) his arrest was illegal, (ii) he was subjected to an illegal search and seizure, (iii) he was placed in a line-up without benefit of counsel, (iv) he was not taken before a magistrate following his arrest, (v) he was not served with an indictment as required by State law, (vi) his appointed counsel was ineffective, (vii) his conviction was based on circumstantial evidence, (viii) the complaining witness gave perjured testimony, and (ix) there was a variance between the property taken and the property described in the indictment

¶15 See NLRB v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F.2d 966