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446 F.2d 1396
Clemente P. VILLARREAL, Petitioner-Appellant,
v.
Dr. George J. BETO, Respondent-Appellee.No. 71-1617 Summary Calendar.*
United States Court of Appeals, Fifth Circuit.
August 13, 1971.
Appeal from United States District Court, Western District of Texas; Darwin W. Suttle, District judge.
Clemente P. Villarreal, pro se.
Crawford C. Martin, Atty. Gen., of Texas, Max P. Flusche, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellee.
Before COLEMAN, SIMPSON, and MORGAN, Circuit Judges.
PER CURIAM:
1This is an appeal in forma pauperis, on a certificate of probable cause granted by the District Court, from a denial of the writ of habeas corpus to a prisoner attacking his state court conviction.
2The grounds alleged in the petition filed in the court below were as follows:
31. He is entitled to credit on his sentence for time spent on parole.
42. His guilty plea was induced by coerced confession.
53. He was incompetent at his trial due to physical abuse of arresting officers.
64. His trial counsel was ineffective because counsel refused to represent him unless he pled guilty and because counsel failed to raise the competency issue.
75. No evidence was presented to the jury.
86. The trial record is inadequate.
97. The trial judge told the jury that it had no function.
108. The trial judge related his account of the crime to the jury.
11We make note of these asserted grounds for the benefit of the record, especially as to any habeas corpus petitions which might hereafter be filed in this case.
12The District Court examined the record of the state habeas corpus hearing and found it to be full, fair, and complete.
13The District Court further found, on the basis of this record, that the appellant had not shown himself to be entitled to any relief. There had been an evidentiary hearing in the state court.
14We agree with the District Court and its Judgment is
15Affirmed.
Notes:
*Rule 18, 5th Cir.; See Isbell Enterprises, Inc. v. Ctizens Casualty Co. of New York et al., 5 Cir., 1970, 431 F.2d 409, Part I
Document Info
Docket Number: 71-1617
Citation Numbers: 446 F.2d 1396
Judges: Coleman, Morgan, Per Curiam, Simpson
Filed Date: 8/13/1971
Precedential Status: Precedential
Modified Date: 8/4/2023