· 6/16/1976
Jody Parks Brown v. W. J. Estelle, Jr., Director, Texas Department of Corrections
Citations
- 530 F.2d 1280
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that state-court detainee may raise speedy-trial claim but that Graham made “no request to enforce his right to a speedy trial”
- explaining the types of claims that may be pursued in a pretrial habeas corpus petition under 28 U.S.C. § 2241
- requiring exhaustion by petition for writ of mandamus, but applying law in effect prior to 1977 amendment to Article V, Section 5 of the Texas Constitution
- § 2241 petitioner’s claim that “he presently is being denied [a speedy] trial and is entitled to force the state to proceed or dismiss” is “cognizable under Braden, but the exhaustion hurdles must still be overcome.”
- requiring exhaustion by petition for writ of mandamus
Source: CourtListener parenthetical corpus (CC0).
Judges: Wisdom, Thornberry, Tjoflat
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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