Luna v. Beto

Fifth Circuit Court of Appeals

Decided Feb. 26, 1973.

Fifth Circuit Court of Appeals · decided 1973-02-26

Cited by 4 later decisions — most recently September 1981

4 federal appellate ·

2 counsel of record

Relies on Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York · Cunningham v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1973-02-26

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¶1Summary Calendar.*

¶2William T. Armstrong, Staff Atty., Staff Counsel for Inmates, Texas Dept, of Corrections, Weldon, Tex., for petitioner-appellant.

¶3Crawford Martin, Atty. Gen., Austin, Tex., for respondent-appellee.

¶4Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

¶5PER CURIAM:

¶6Luna’s sole complaint on appeal is that he was denied a fair trial in the Texas state court as evidenced by an affidavit of one juror which impeached his own verdict.

¶7We agree with the district court that “the case fits within the well-settled general rule that a juror will not be heard to impeach his own verdict.” Cunningham v. United States, 5 Cir. 1966, 356 F.2d 454.

¶8Affirmed.