DONALD v. JONES

No. 30389.

445 F.2d 601 (1971)

Julian J. DONALD, Petitioner-Appellant, v. Sheriff Clarence JONES of Dallas County, Texas, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 22, 1971.


Attorney(s) appearing for the Case

Hume Cofer, Cofer & Cofer, John D. Cofer, Austin, Tex., for petitioner-appellant. John E. Powers, Austin, Tex., of counsel.

Harry J. Schulz, Jr., Asst. Dist. Atty., Henry Wade, Crim. Dist. Atty., Dallas, Tex., for respondent-appellee.

Before SKELTON, Judge, and MORGAN and CLARK, Circuit Judges.


SKELTON, Judge:

This is an appeal from an order of the United States District Court for the Northern District of Texas denying habeas corpus relief and granting a certificate for probable cause. Petitioner, Julian J. Donald, filed a petition for habeas corpus on June 4, 1970, alleging, inter alia, that he was deprived of the right to a jury trial on the punishment part of a bifurcated trial, because of ex post facto application of Article 37.07 of the Texas...

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