JOSEPH TAYLOR, APPELLANT,
v.
DR. GEORGE J. BETO, DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS, APPELLEE
PER CURIAM:
Appellant is presently serving a life sentence in the Texas state penitentiary for the offense of murder with malice to which he pleaded guilty on June 25,1964.
Appellant alleges in his habeas petition that his plea of guilty was the result of an allegedly coerced confession and that he had ineffective assistance of counsel. While there may be merit to these contentions, it is apparent on the face of appellant’s petition that he has failed to exhaust available state remedies. Before he can receive a federal determination on the merits of his petition, he is required by Title 28, U.S.C., Section 2254, to pursue Texas post-conviction remedies. An effective remedy is provided by Article 11.07 of the Vernon’s Ann.Texas Code of Criminal Procedure of 1965, as amended, effective August 28, 1967. Taylor may and should present his contentions at an evidentiary hearing in the state district court in which he was convicted. State of Texas v. Payton, 5 Cir. 1968, 890 F. 2d 261; Sheehan v. Beto, 5 Cir. 1967, 387 F. 2d 263; Carroll v. Beto, 5 Cir. 1967, 379 F. 2d 329; Ex Parte Young, Tex.Cr.App.1967, 418 S.W. 2d 824.
The judgment of the district court is affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Peters v. Rutledge, 397 F.2d 731 (5th Cir. 1968)
-
Boyer v. City OF Orlando, 402 F.2d 966 (5th Cir. 1968)
-
Phelper v. Decker, 401 F.2d 232 (5th Cir. 1968)
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carroll v. Beto, 379 F.2d 329 (5th Cir. 1967)
- Sheehan v. Beto, 387 F.2d 263 (5th Cir. 1967)