Opinion · Court of Appeals for the Fifth Circuit

Walter Knapp v. T. L. Baker, Sheriff of Potter County, Texas and W. J. Estelle, Jr., Etc.

Walter Knapp v. T. L. Baker, Sheriff of Potter County, Tex. & W. J. Estelle, Jr., Etc., 509 F.2d 922 (5th Cir. 1975)

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1975-03-14
Topic
general

How later courts describe this case

  • holding that the death of the petitioner in a pending habeas corpus action renders the case moot
  • oral argument already held at time of petitioner’s death

Citator

UpLaw has not yet analyzed Walter Knapp v. T. L. Baker, Sheriff of Potter County, Texas and W. J. Estelle, Jr., Etc.. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
23 opinions
KNAPP v. BAKER,509 F.2d 922(5th Cir. 1975)
WALTER KNAPP, PETITIONER-APPELLEE, v. T. L. BAKER, SHERIFF OF POTTER COUNTY,
TEXAS AND W. J. ESTELLE, JR., ETC., RESPONDENTS-APPELLANTS.
No. 74-2614.
United States Court of Appeals, Fifth Circuit.
March 14, 1975.
John L. Hill, Atty. Gen., Larry F. York, Joe B. Dibrell, Jack Boone, Asst. Attys. Gen., Austin, Tex., for respondents-appellants.

Robin M. Green, Wayne Bagley, Frank J. Baughman, Amarillo, Tex., for petitioner-appellee.
Appeal from the United States District Court for the Northern District of Texas.
Before BELL, AINSWORTH and RONEY, Circuit Judges.
PER CURIAM:
[1] This case involves an appeal from the federal district court's order granting a writ of habeas corpus from a Texas state conviction. We heard oral argument on the appeal and the matter was submitted for our decision. However, petitioner Walter Knapp died on December 20, 1974. This case is therefore moot. Accordingly, we vacate the judgment and remand to the district court with direction to dismiss the case as moot so that it will spawn no legal consequences. Gornto v. MacDougall, 5 Cir., 1973,482 F.2d 361(appeal from judgment denying habeas corpus relief from a state court sentence); Hann v. Hawk, 8 Cir., 1953,205 F.2d 839(appeal from judgment granting the writ of habeas corpus in a matter involving a Nebraska state court conviction). See also Duke Power Co. v. Greenwood County, S.C.,299 U.S. 259,267,57 S.Ct. 202,205,Page 92381 L.Ed. 178(1936) and authorities cited therein; United States v. Munsingwear,340 U.S. 36,71 S.Ct. 104,95 L.Ed. 36(1950); Lebus v. Seafarers' International Union, 5 Cir., 1968,398 F.2d 281,283.

[2] Counsel for petitioner urges that we also order dismissal of the judgment of conviction by the Texas state court which was affirmed by the Texas Court of Criminal Appeals,504 S.W.2d 421(1974). Dismissal of a conviction is proper in a direct appeal in a federal criminal case, Durham v. United States,401 U.S. 481,91 S.Ct. 858,28 L.Ed.2d 200(1971). However, appellate courts in habeas corpus actions pertaining to state court convictions have issued their directives only to the lower federal courts. Gornto v. MacDougall, supra; Hann v. Hawk, supra. Further action is not warranted under the circumstances.

[3] Vacated and remanded with direction to dismiss.Page 969