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492 F.2d 1162

Docket No. 73-2967.

Harrison v. Dyson

Fifth Circuit Court of Appeals

Decided April 19, 1974.

Fifth Circuit Court of Appeals · decided 1974-04-19

Cited by 2 later decisions — most recently July 2024

1 federal appellate ·

2 counsel of record

Relies on Steffel v. Thompson · Argersinger v. Hamlin · Tate v. Short

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1974-04-19

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¶1*1163Dwight H. Moore, DeSoto, Tex., Edward Walter Dunbar, El Paso, Tex., for plaintiff-appellant.

¶2N. Alex Bickley, City Atty., Lois Bacon, T. Alex Eastus, Asst. City Attys., Dallas, Tex., for defendants-appellees.

¶3Before ALDRICH, Senior Circuit Judge,* and BELL and GEE, Circuit Judges.

¶5PER CURIAM:

¶6Plaintiff-Appellants, habitual traffic offenders who claim to be indigent, challenged certain sentencing procedures of the Dallas municipal courts as violating Tate v. Short, 1971, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130, and Argersinger v. Hamlin, 1972, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530. Their objections were to the alleged automatic conversion of fines to terms in jail, and to the imposition of such jail terms without affording counsel to indigent defendants. Declaratory and injunctive relief was sought.

¶7The complaint, insofar as it related to defendants’ future conduct,1 was dismissed on the authority of Becker v. Thompson, 5 Cir., 1972, 459 F.2d 919. That decision has now been reversed by the Supreme Court sub nom. Steffel v. Thompson,_ U.S. _, 94 S.Ct. 1209, 39 L.Ed.2d 505 (1974). The judgment of the district court is vacated and remanded for reconsideration in light of Steffel, and for further proceedings not inconsistent therewith.

¶8Vacated and remanded with direction.

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