U.S. Court of Appeals for the Fifth Circuit, 1972

Nathaniel Nixon v. Dr. George J. Beto, Director, Texas Department of Corrections

Nathaniel Nixon v. Dr. George J. Beto, Director, Texas Department of Corrections
U.S. Court of Appeals for the Fifth Circuit · Decided March 9, 1972 · Thornberry, Coleman, Ingraham
456 F.2d 1065; 1972 U.S. App. LEXIS 10852 (Federal Reporter, Second Series)

Nathaniel Nixon v. Dr. George J. Beto, Director, Texas Department of Corrections

Opinion

PER CURIAM:

Upon conviction of a second assault to commit murder, Nathaniel Nixon was sentenced to prison for twenty-five years. The sole ground for the writ of habeas corpus was that in the state court Nixon had not received effective assistance from his court-appointed counsel. Upon a complete evidentiary hearing, in which Nixon was represented by counsel and testified, the District Court denied relief. The District Judge found that Nixon was not a credible witness and “is not worthy of belief”, that he had received adequate representation, and that his contentions to the contrary were frivolous.

Upon a review of the record and briefs we perceive no basis for overturning these findings. They are far from clearly erroneous.

The judgment of the District Court denying the writ is

Affirmed.

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