U.S. Court of Appeals for the Fifth Circuit, 1976

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

James P. Cole v. W. J. Estelle, Jr., Director, Texas Department of Corrections
U.S. Court of Appeals for the Fifth Circuit · Decided June 7, 1976 · Goldberg, Dyer, Simpson
532 F.2d 1039; 1976 U.S. App. LEXIS 8680 (Federal Reporter, Second Series)

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.

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