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PRUETT v. STATE OF TEXAS

No. 71-3284.

470 F.2d 1182 (1973)

Johnnie PRUETT, Petitioner-Appellee, v. STATE OF TEXAS, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 4, 1973.

Attorney(s) appearing for the Case

Crawford Martin, Atty. Gen., Max P. Flusche, Jr., Asst. Atty. Gen., Jim D. Vollers, State's Atty., Austin, Tex., for respondent-appellant.

David L. Tisinger, Austin, Tex., for petitioner-appellee.

Before JOHN R. BROWN, Chief Judge, and WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, INGRAHAM and RONEY, Circuit Judges.

DYER, Circuit Judge:

At the behest of the State of Texas this case was considered by the Court en banc. While we adhere to the panel decision we emphasize that the holding is limited to the unique situation concerning the lack of finality of convictions pending appeal which obtains in Texas, and that the holding shall have prospective application only.

In Texas a felony conviction that is appealed is not final until it has been affirmed by the Court...

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