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Martinez-Macias v. Collins

United States Court of Appeals, Fifth Circuit
Dec 11, 1992
979 F.2d 1067 (5th Cir. 1992)

Summary

holding that the defendant was denied his constitutional right to counsel due to inadequate funding

Summary of this case from Wice v. Fifth Judicial Dist. Court of Appeals (In re State)

Opinion

No. 91-8656.

December 11, 1992.

Robert S. Walt, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, Tex., for respondent-appellant.

Douglas G. Robinson (court-appointed), Skadden, Arps, State, Meagher Flom, Washington, D.C., Randall T.E. Coyne, Univ. of Okl., College of Law, Norman, Okl. (court-appointed) for petitioner-appellee.

Appeal from the United States District Court for the Western District of Texas; Lucius D. Bunton, III, Judge.

Before POLITZ, Chief Judge, HIGGINBOTHAM and SMITH, Circuit Judges.


We review today the judgment of the United States District Court granting a writ of habeas corpus on the petition of Federico Martinez-Macias convicted of capital murder in Texas and now on death row in that state. We affirm the judgment below for essentially the reasons stated by the magistrate-judge in her report and recommendation, and the order of the district court adopting it. We have read the record, read the briefs, and heard oral argument. We are left with the firm conviction that Macias was denied his constitutional right to adequate counsel in a capital case in which actual innocence was a close question. The state paid defense counsel $11.84 per hour. Unfortunately, the justice system got only what it paid for.

The judgment granting the petition for habeas corpus is affirmed. The judgment of conviction is vacated and Federico Martinez-Macias shall be released from custody if the State of Texas has not commenced a new trial within 120 days of our mandate.


Summaries of

Martinez-Macias v. Collins

United States Court of Appeals, Fifth Circuit
Dec 11, 1992
979 F.2d 1067 (5th Cir. 1992)

holding that the defendant was denied his constitutional right to counsel due to inadequate funding

Summary of this case from Wice v. Fifth Judicial Dist. Court of Appeals (In re State)

holding that the defendant was denied his constitutional right to counsel due to inadequate funding

Summary of this case from State ex rel. Wice v. Fifth Judicial Dist. Court of Appeals

finding defense counsel's strategy unreasonable, and thus grounds for ineffective assistance of counsel, where the law was not well researched

Summary of this case from United States v. Span
Case details for

Martinez-Macias v. Collins

Case Details

Full title:FEDERICO MARTINEZ-MACIAS, TEXAS DEPARTMENT OF CORRECTIONS, DEATH ROW…

Court:United States Court of Appeals, Fifth Circuit

Date published: Dec 11, 1992

Citations

979 F.2d 1067 (5th Cir. 1992)

Citing Cases

United States v. Span

They were the result of a misunderstanding of the law. Martinez-Macias v. Collins, 810 F. Supp. 782, 786…

Willoughby v. Simpson

Only one of those cases, Martinez-Macias v. Collins, appears to reach such a bright-line holding. 810 F.…