FALLON

v.

FAY, WARDEN

Citator

Cited By

• Browne v. W.J. Estelle, Jr., 721 F.2d 1037 (5th Cir. 1984)
  …ould have constituted proper grounds for a prosecution under Article 725b, V.A.P.C., for possession of a narcotic drug. 352 S.W. 2d at 748-49; see also Taylor v. State, 172 Tex.Cr.R. 461, 358 S.W. 2d 124, 126 (1962) (following Lopez), cert. denied, 371 U.S. 848, 83 S.Ct. 88, 9 L.Ed.2d 85 (1962), overruled on other grounds, Ex parte Wilson, 588 S.W. 2d 905 (Tex.Cr.App. 1979). These authorities, the only authoritative Texas decisions on point, provide: [A] prior federal conviction used for enhancement of pu…
• Taylor v. Beto, 433 F.2d 979 (5th Cir. 1970)
  …ppellant is presently serving a life sentence, having been convicted of possession of narcotics with two prior convictions used for enhancement of punishment. Conviction was affirmed in Taylor v. State, Tex.Cr.App., 1962, 358 S.W. 2d 124, cert. den. 371 U.S. 848, 83 S.Ct. 88, 9 L.Ed.2d 85. In his petition for writ of habeas corpus, appellant contends that one of the prior convictions used for enhancement was invalid, rendering his life sentence as an habitual criminal unconstitutional. Specifically, appell…