JOHN WELDON FORBES, PETITIONER-APPELLANT,
v.
W. J. ESTELLE, JR., DIRECTOR, TEXAS DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLEE

5th Cir. | 1977-09-21
No. 77-1161
Before GOLDBERG, CLARK and FAY, Circuit Judges.
559 F.2d 967 Court of Appeals for the Fifth Circuit (1977) Positive Treatment
Cited by 4 cases

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Holding

The court held that the appellant's claims concerned state procedural matters that did not amount to a denial of fundamental fairness, and thus were not grounds for federal habeas corpus relief.


Facts & Procedural History

The appellant, convicted of being an accomplice to murder, sought federal habeas corpus relief, alleging denial of his right to confront witnesses. He…

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Opinion of the Court
PER CURIAM:

PER CURIAM:

This appeal is taken from an order of the district court dismissing the habeas corpus petition of a Texas state prisoner. We affirm.

The appellant was convicted by a jury of being an accomplice to murder with malice and was sentenced by the jury to 3,000 years imprisonment. Forbes v. State, Tex. Cr.App.1974, 513 S.W. 2d 72, cert. denied 420 U.S. 910, 95 S.Ct. 830, 42 L.Ed.2d 840.

In his habeas petition filed below, the appellant contends that he was denied his right to confront witnesses against him. First, the state, required to prove the guilt of the principal beyond a reasonable doubt, was allowed to introduce the judgment of conviction and the sentence of the principal. Appellant argues that this deprived him of the right to cross-examine the witnesses who testified against the principal and the jurors who convicted him. The appellant also argues that the introduction of the principal’s sentence, also 3,000 years, prejudiced him. Finally, appellant contends that the state was allowed to take and use at trial the deposition of a material witness in the absence of the witness.1

The issues raised by appellant concern matters of state procedure which, absent a denial of fundamental fairness, will not be considered when raised in a habeas corpus petition. Blankenship v. Estelle, 5 Cir. 1977, 545 F. 2d 510; Gephart v. Beto, 5 Cir. 1971, 441 F. 2d 319, cert. denied 404 U.S. 966, 92 S.Ct. 342, 30 L.Ed.2d 286. A reading of the trial transcript and record fails to disclose that the alleged errors amounted to a denial of fundamental fairness. The judgment below is affirmed.

AFFIRMED.

. Appellant was represented by counsel at the deposition, did not object to the taking of the testimony by such procedure and the entire proceeding was presided over by the state trial judge.


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