Opinion
No. 72-2206.
October 24, 1972.
Crawford Martin, Atty. Gen., Roland Daniel Green, III, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.
Ted Fair, Waco, Tex. (Court-Appointed), for petitioner-appellee.
Appeal from the United States District Court for the Western District of Texas; Jack Roberts, Judge.
Before DYER, SIMPSON and MORGAN, Circuit Judges.
The court below granted the petitioner-appellee, Alexander Mitchell, a Texas State prisoner, habeas corpus relief from his 1957 conviction for robbery, on grounds of ineffective assistance of counsel. Mitchell v. Dr. George J. Beto, W.D.Texas, 1972. On this appeal, the respondent-appellant has not demonstrated error in that ruling.
In 1970, the convicting State district court, following a hearing, recommended the granting of habeas corpus relief. Relief was denied, however, by the Texas Court of Criminal Appeals. Ex parte Mitchell, 462 S.W.2d 28 (Tex.Cr.App. 1971). The proceedings below followed.
The judgment of the district court is affirmed.