Opinion · Court of Appeals for the Fifth Circuit

Carr v. Estelle

Carr v. Estelle, 489 F.2d 1402 (5th Cir. 1974)

Type: Opinion
Court: Court of Appeals for the Fifth Circuit
Jurisdiction: Federal
Date: 1974-03-01
Topic: litigation

PER CURIAM: Carr was found guilty in a Texas state jury trial of assault with intent to rape. The Texas Court of Criminal Appeals affirmed, 475 S.W.2d 755 (1972), appeal dismissed and cert. denied, 409 U.S. 1099, 93 S.Ct. 919, 34 L.Ed.2d 682. Carr appeals the district court’s denial of his application for habeas corpus. The issues before us have been considered by the state court on direct appeal and in collateral proceedings. The district court had before it the trial transcript and the opinion of the Court of Criminal Appeals, and adopted that opinion in lieu of holding an evidentiary hearing.

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Cited by: 2 opinions

CARR v. ESTELLE,489 F.2d 1402(5th Cir. 1974)

MILLARD DEAN CARR, PETITIONER-APPELLANT, v. W. J. ESTELLE, DIRECTOR, TEXAS

DEPARTMENT OF CORRECTIONS, RESPONDENT-APPELLEE.

No. 73-2890.

Summary Calendar.^fn*

United States Court of Appeals, Fifth Circuit.

March 1, 1974.

Millard Dean Carr, pro se.

John L. Hill, Atty. Gen., Austin, Tex., for respondent-appellee.

Appeal from the United States District Court for the Northern District of Texas; Halbert O. Woodward, Judge.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

PER CURIAM:

[1] Carr was found guilty in a Texas state jury trial of assault with intent to rape. The Texas Court of Criminal Appeals affirmed,475 S.W.2d 755(1972), appeal dismissed and cert. denied,409 U.S. 1099,93 S.Ct. 919,34 L.Ed.2d 682. Carr appeals the district court's denial of his application for habeas corpus. The issues before us have been considered by the state court on direct appeal and in collateral proceedings. The district court had before it the trial transcript and the opinion of the Court of Criminal Appeals, and adopted that opinion in lieu of holding an evidentiary hearing. We have carefully reviewed the entire record and are satisfied that the issues raised are without merit.

[2] Affirmed.Page 1403

Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir 1970,431 F.2d 409, Part I. ↩