Archie Pringle v. Dr. George J. Beto, Director, Texas Department of Corrections
Cases that cite this one
20 later published cases cite this decision. The 19 that cite it most often are listed here.
- McCoy Jamerson v. W. J. Estelle, Jr., Director, Texas Department of Corrections (5th Cir. 1982)
- Randolph Wayne Johnston v. W. J. Estelle, Director Texas Department of Corrections (5th Cir. 1977)
- Barnes v. Warden (District Court, D. Maryland 2025)
- Ong v. Scruggs (District Court, D. Maryland 2024)
- Dicks v. Weber (District Court, D. Maryland 2022)
- Reed v. Wolfe (District Court, D. Maryland 2019)
- Abraham Wallace v. R v. Turner, Superintendent, Glades Correction Institute, and the Attorney General of Florida (11th Cir. 1983)
- Arthur Frederick Goode, III v. Louie L. Wainwright (11th Cir. 1983)
- Charles Kenneth Foster v. Charles G. Strickland, Jr. (11th Cir. 1983)
- Ronald Clyde Nelson v. W. J. Estelle, Jr., Director, Texas Department of Corrections (5th Cir. 1981)
- Jose Torna v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation (5th Cir. 1981)
- Joe Eugene Skipper v. Louie L. Wainwright, Etc. (5th Cir. 1979)
- Otis George Bell v. W. J. Estelle, Jr., Director, Department of Corrections (5th Cir. 1976)
- Matthew Smith v. Melvin Colman, Sheriff (5th Cir. 1976)
- Johnson v. State of Maryland (District Court, D. Maryland 1976)
- Cherry v. State of Texas (District Court, N.D. Texas 1973)
- Edward James v. John Twomey, Warden, Illinois State Penitentiary (7th Cir. 1972)
- Charlie Woodard v. Dr. George J. Beto, Director, Texas Department of Corrections (5th Cir. 1971)
- Edward Williams v. Louie L. Wainwright, Director, Division of Corrections, State of Florida (5th Cir. 1970)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
We have concluded on the merits that this case is of such character as not to justify oral argument. Accordingly, we have directed the Clerk to place the case on the Summary Calendar and to notify the parties of this fact in writing. See Huth v. Southern Pac. Co., 5 Cir. 1969, 417 F.2d 526, Part I; and Murphy v. Houma Well Service, 5 Cir. 1969, 409 F.2d 804, Part I; 5th Cir.R. 18.
Archie Pringle appeals from an order of the district court denying his petition for a writ of habeas corpus under 28 U. S.C. § 2254.
On our review of the record and for the reasons stated by District Judge Leo Brewster in his memorandum opinion, reprinted here, we affirm the judgment of the district court.
*516 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS.
FORT WORTH DIVISION
No. CA-4-1278
ARCHIE PRINGLE vs. STATE OF TEXAS, ET AL
Filed: Aug. 6, 1969
MEMORANDUM ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS
Petitioner is confined in the Texas Department of Corrections under two 10-year sentences imposed on August 29, 1967. He alleges that the sentence in one case was “illegally cumulated” to begin when the sentence in the other case “ceased to operate”, and that this cumulation violated Article 42.08, Texas Code of Criminal Procedure, Vernon’s Ann. and the Fourteenth Amendment of the United States Constitution. He further alleges that the illegal sentencing procedure subjects him to an additional illegal prison servitude and prolongs his ineligibility for parole consideration. His petition reveals that the sentences were originally probated but that probation was subsequently revoked.
Petitioner’s application raises only a question of state law. Conway v. Wilson, 9 Cir., 368 F.2d 485 (1966); Beto v. Sykes, 5 Cir., 360 F.2d 411 (1966); Thomas v. Page, 10 Cir., 368 F.2d 180 (1966). Further, it is apparent from the allegations of the application that the sentencing procedure followed was in perfect compliance with Article 42.08, which reads, in part, as follows:
“When the same defendant has been convicted in two or more eases * * * judgment and sentence shall be pronounced in each case in the same manner as if there had been but one conviction, except that in the discretion of the court, the judgment in the second and subsequent convictions may * * * be that the punishment shall begin when the judgment and sentence in the preceding conviction has ceased to operate * * *.”
Petitioner’s allegation is meritless. It is ordered that petitioner be granted leave to file his application for writ of habeas corpus without payment of filing fees or security for costs and to proceed in forma pauperis.
It is further ordered that the application for writ of habeas corpus be and the same is hereby dismissed.
Signed this 6th day of August, 1969.
(Signed) LEO BREWSTER JUDGE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.