Alexander MITCHELL, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant

United States Court of Appeals for the Fifth Circuit1972-10-24No. No. 72-2206

469 F.2d 1395

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Opinion · public domain

majority opinion

PER CURIAM:

The court below granted the petitioner-appellee, Alexander Mitchell, a Texas State prisoner, habeas corpus relief from his 1957 conviction for robbery, on grounds of inefffective assistance of counsel. Mitchell v. Dr. George J. Beto, W.D.Texas, 1972. On this appeal, the respondent-appellant has not demonstrated error in that ruling.

The judgment of the district court is affirmed.

. In 1970, the convicting State district court, following a hearing, recommended the granting of habeas corpus relief. Relief was denied, however, by the Texas Court of Criminal Appeals. Ex parte Mitchell, 462 S.W.2d 28 (Tex.Cr.App. 1971). The proceedings below followed.