T. J. ROBERT WATERS, APPELLANT,
v.
DR. GEORGE J. BETO, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the district court did not err in denying the habeas corpus petition, finding the appellant's contentions to be without merit.
Appellant, a state prisoner convicted of assault with intent to murder, filed a habeas corpus petition alleging ineffective counsel, prosecutorial mis…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right To Appeal cases and more on FLexlaw
PER CURIAM:
This is an appeal from the denial by the District Court for the Northern District of Texas, after an evidentiary hearing, of a habeas corpus petition filed by a Texas state prisoner. The appellant, represented by two court-appointed counsel, was convicted in 1964 of assault with intent to murder his mother by cutting her with a knife. Appellant was never tried in the companion case in which his father was the alleged victim.
The appellant contended in his habeas corpus petition in the district court that he had ineffective representation of counsel at his trial in the state court; that the prosecutor told the jury he was a mean man and had been run out of the county for a similar offense; and that, being indigent, he was denied the right to take a direct appeal. Appellant also complained that there were no Negroes on the petit jury, although he did not contend that Negroes were systematically excluded.
At the hearing in the district court the appellant, represented by court-appointed counsel, testified in support of his contentions. His two former counsel testified to facts which indicated that they represented him diligently and ably; that the prosecutor had not made the alleged remarks to the jury; and that they advised the appellant on several occasions of his right to appeal but he insisted that he did not desire to appeal, saying that “If I did this to my Mama and my Papa, I need to be locked up.”
We have considered the appellant’s contentions but find them to be wholly without merit. The district court resolved the credibility issues adversely to the appellant; and we find no error in its findings and conclusions.
Affirmed.