LEONARD L. MCLAIN, PETITIONER-APPELLEE,
v.
DR. GEORGE J. BETO, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS, RESPONDENTAPPELLANT
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The judgment is affirmed based on the district court's reasoning and relevant case law.
The case involves an appellant whose judgment was reviewed by the court. The district court had previously issued orders regarding retrial or release.…
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PER CURIAM:
The Court has carefully examined the record and considered all of the contentions made in the appellant’s brief. The judgment is affirmed for the reasons stated in the district court’s opinion orders of January 30, 1970, and in light of Pate v. Robinson, 1966, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815; Lee v. Alabama, 5 Cir. 1967, 386 F. 2d 97; Floyd v. United States, 5 Cir. 1966, 365 F. 2d 368; and Carroll v. Beto, 5 Cir. 1970, 421 F. 2d 1065. See Local Rule 21.1
Although the District Court ordered the State of Texas to retry or release McLain, this is not to be construed to prohibit any commitment made pursuant to article 46.02, Vernon’s Ann.Tex., C.C.P., nor to prevent proceeding under the Texas Mental Health Code, Vernon’s Ann.Civ.St., art. 5547-1 et seq., or any other relevant state procedure, nor to preclude subsequent trial at any time McLain is determined to be competent to stand trial.
. See N. L. R. B. v. Amalgamated Clothing Workers of America, 5 Cir., 1970, 430 F. 2d 966.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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McLAIN v. Beto, 458 F.2d 503 (5th Cir. 1972)
Authorities Cited
- Pate v. Robinson, 383 U.S. 375 (U.S. 1966)
- Nat'l Labor Relations Bd. v. Amalgamated Clothing Workers OF Am., AFL-CIO, 430 F.2d 966 (5th Cir. 1970)
- Huey R. LEE v. State OF Ala., 386 F.2d 97 (5th Cir. 1967)
- Floyd v. United States, 365 F.2d 368 (5th Cir. 1966)
- Burlee Carroll v. Beto, 421 F.2d 1065 (5th Cir. 1970)