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Gary Del Glover v. W.J. Estelle, Director, Texas Department of Corrections

U.S. Court of Appeals for the Fifth Circuit
Gary Del Glover v. W.J. Estelle, Director, Texas Department of Corrections, 485 F.2d 250 (5th Cir. 1973)
1973 U.S. App. LEXIS 7734
Bell, Godbold, In-Graham, Per Curiam

Gary Del Glover v. W.J. Estelle, Director, Texas Department of Corrections

Opinion

PER CURIAM:

In its consideration of this state prisoner’s habeas petition, the district court neither held an evidentiary hearing nor had before it the record of petitioner’s trial, or at least the state record was not introduced into evidence. 1 That court has thus failed to conduct its required independent inquiry into the petitioner’s constitutional claims. See Townsend v. Sain, 1963, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770. Its judgment is therefore vacated and the case is remanded for further consideration.

1

. The matter was handled by a magistrate whose findings, conclusions and recommendation were adopted by the district court. The clerk of the district court has advised this court that all state court materials filed as exhibits in district court were transmitted to this court. The state trial record is not among these exhibits.

Reference

Full Case Name
Gary Del GLOVER, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee
Status
Published
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