Opinion · Court of Appeals for the Fifth Circuit

Howard St. Jules v. Oscar Savage

Howard St. Jules v. Oscar Savage, 512 F.2d 881 (5th Cir. 1975)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1975-07-16
Topic
general

How later courts describe this case

  • expressing no “view as to . . . the propriety of [a habeas] class action”

Citator

UpLaw has not yet analyzed Howard St. Jules v. Oscar Savage. The absence of a flag is not a finding that it is good law.

Cited by
7 opinions
ST. JULES v. SAVAGE,512 F.2d 881(5th Cir. 1975)
HOWARD ST. JULES ET AL., PETITIONERS-APPELLANTS, v. OSCAR SAVAGE ET AL.,
RESPONDENTS-APPELLEES.
No. 75-1387.
Summary Calendar.fn*
United States Court of Appeals, Fifth Circuit.
May 12, 1975.
Rehearing and Rehearing En Banc Denied July 16, 1975.
Raul A. Rodriguez, pro se.

Dunklin Sullivan, Asst. Atty. Gen., Austin, Tex., for respondents-appellees.
Appeal from the United States District Court for the Southern District of Texas.
Before THORNBERRY, MORGAN and RONEY, Circuit Judges.
PER CURIAM:
[1] Appellant St. Jules, together with 12 other petitioners, all inmates of the Texas Department of Corrections, brought a "class action" habeas claim, challengingPage 882the constitutionality of the former Texas enhancement statute, Art. 63 (now § 12.42(d)) of the Texas Penal Code, V.T.C.A., as it applied to them and others similarly situated, who are serving mandatory life terms under Article 63 after having been convicted following pleas of not guilty. Appellant contends that: (1) the enhancement statute is used as a tool to coerce guilty pleas; and (2) the petitioners have been denied equal protection as members of a class since they have been subjected to greater punishment by electing to go to trial. He admits that, with the exception of petitioner Stratman, who applied unsuccessfully for state habeas relief on the same grounds, the petitioners have failed to exhaust state remedies, but he contends that this is an unnecessary requirement under Layton v. Carson, 5 Cir., 1973,479 F.2d 1275, because the Texas Court of Criminal Appeals rendered an adverse decision in Stratman's case,1and there is no reason to believe that the state court will change its position.

[2] The district court dismissed the petitioner's action without prejudice for failure to exhaust state remedies, holding that Layton v. Carson did not apply because the nature of sentencing is such that each challenge should be considered individually, and the petitioners had failed to show that the Texas Court of Criminal Appeals would not fairly consider the claim of each petitioner on the merits.

[3] Appellants' challenge is aimed not at each individual sentence, however, but at the alleged systematic use of Article 63 to deprive appellants' and members of their class of their rights to due process and equal protection. In Stratman's case, the Texas court rejected, without opinion, this precise contention, the same contention which would be made by all other appellants. Appellants present a single constitutional challenge; individual consideration of each petition would serve no useful purpose since the Texas court has made clear that it considers the point to be without merit. This is exactly the sort of situation for which theLaytonrule was devised. We reverse and remand for proceedings not inconsistent with this opinion.2Page 896
  1. Rule 18, 5 Cir., Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir., 1970,431 F.2d 409, Part I. ↩
  2. In the unreported case of Ex parte Stratman, No. 2806 (Tex.Crim.App., September 7, 1973). ↩
  3. Our remand of this case is not to be taken as expressing any view as to the merits of any individual claim or the propriety of the class action. These matters are all left for the initial consideration of the district court. ↩