James P. Cole v. W. J. Estelle, Jr., Director, Texas Department of Corrections

U.S. Court of Appeals for the Fifth Circuit
James P. Cole v. W. J. Estelle, Jr., Director, Texas Department of Corrections, 532 F.2d 1039 (5th Cir. 1976)
1976 U.S. App. LEXIS 8680

James P. Cole v. W. J. Estelle, Jr., Director, Texas Department of Corrections

Opinion

PER CURIAM:

Cole was tried in a Texas State Court before a jury in jail garb for armed robbery. His defense was alibi. The jury found Cole guilty and hé was subsequently sentenced to twenty years in the penitentiary. The Texas Court of Criminal Appeals affirmed. After exhausting state post-conviction relief remedies he sought habeas relief in the district court. The writ was denied. We affirm.

Cole was not compelled to stand trial in jail garb, nor did he raise the issue before or at trial. “Accordingly, although the State cannot, consistent with the Fourteenth Amendment, compel an accused to stand trial before a jury while dressed in identifiable prison clothes, the failure to make an objection to the court as to being tried in such clothes, for whatever reason, is sufficient to negate the presence of compulsion necessary to establish a constitutional violation.” Estelle v. Williams, 1976, - U.S. -, 96 S.Ct. 1691, 48 L.Ed.2d 126 [No. 74-676, 44 L.W. 4609, May 3, 1976],

AFFIRMED.

Reference

Full Case Name
James P. COLE, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee
Cited By
2 cases
Status
Published