BOBBY LEE WILLIAMS, PETITIONER-APPELLANT,
v.
JUDGE JEROME CHAMBERLAIN, CRIMINAL DISTRICT COURT NO. 1 OF DALLAS, RESPONDENT-APPELLEE

5th Cir. | 1971-12-10
No. 71-2527
452 F.2d 607 Court of Appeals for the Fifth Circuit (1971) Positive Treatment
Cited by 2 cases

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Holding

The court held that all contentions raised by the appellant are matters for appeal within the Texas state court system.


Facts & Procedural History

Appellant, a Texas state prisoner, sought habeas corpus and injunctive relief in federal court, claiming denial of a speedy trial. While his federal p…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

This is an appeal from the denial of habeas corpus and injunctive relief to appellant, a Texas state prisoner. We affirm.

The relief sought in the district court in two petitions centered on a claim of denial of the right to a speedy trial in the Criminal District Court of Dallas County, Texas where appellant was charged with burglary. It appears without dispute that appellant was tried and convicted in the state court following the filing of his petitions in federal court.

The district court noted the conviction in the state court and concluded that all matters asserted including the claim of denial of the right to speedy trial, and the several trial errors mentioned were matters for appeal in the Texas state court system under the exhaustion of state remedies doctrine. See State of Texas v. Payton, 5 Cir., 1968, 390 F. 2d 261; and Johnson v. Beto, 5 Cir., 1971, 436 F. 2d 1063.

We agree. Every contention which appellant makes in this court is required subject matter for state appeal.

Affirmed.


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