S. C. Smith v. Dr. George J. Beto, Director, Texas Department of Corrections

U.S. Court of Appeals for the Fifth Circuit May 30, 1968

S. C. Smith v. Dr. George J. Beto, Director, Texas Department of Corrections, 395 F.2d 747 (5th Cir. 1968)

1968 U.S. App. LEXIS 6719

Opinion

PER CURIAM:

In this habeas corpus proceeding (28 U.S.C.A. § 2241 et seq.), there was an evidentiary hearing in the district court in accordance with the teachings of Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963), and Fay v. Noia, 372 U.S. 391, 83 S.Ct. 822, 9 L.Ed.2d 837 (1963), and the district court made findings of fact, which were fully justified by the record, .which we could not say are clearly erroneous. Rule 52 (a), Federal Rules of Civil Procedure. Additionally, the district judge’s conclusions of law were consistent with such findings. Hence, this case should be and is

Affirmed.

Reference

Full Case Name: S. C. SMITH, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee
Cited By: 1 case
Status: Published