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U.S. Court of Appeals for the Fifth Circuit, 1973

Jose T. Luna v. Dr. George Beto, Director, Texas Department of Corrections

Jose T. Luna v. Dr. George Beto, Director, Texas Department of Corrections
U.S. Court of Appeals for the Fifth Circuit · Decided February 26, 1973 · Brown, Dyer, Simpson
474 F.2d 95; 1973 U.S. App. LEXIS 11458 (Federal Reporter, Second Series)

Jose T. Luna v. Dr. George Beto, Director, Texas Department of Corrections

Opinion

PER CURIAM:

Luna’s sole complaint on appeal is that he was denied a fair trial in the Texas state court as evidenced by an affidavit of one juror which impeached his own verdict.

We agree with the district court that “the case fits within the well-settled general rule that a juror will not be heard to impeach his own verdict.” Cunningham v. United States, 5 Cir. 1966, 356 F.2d 454.

Affirmed.

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