COOK v. MORRILL

No. 85-2200.

783 F.2d 593 (1986)

Edward C. COOK, Petitioner-Appellant, v. Bilia MORRILL, Adult Probation Officer, Bee County, Texas, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 26, 1986.


Attorney(s) appearing for the Case

Roy E. Greenwood, Jr., Austin, Tex., Robert Nogueria, Beeville, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GOLDBERG, HILL, and JONES, Circuit Judges.


ROBERT MADDEN HILL, Circuit Judge:

We reaffirm today this court's previous holding in Martin v. Beto, 397 F.2d 741 (5th Cir.1968), that the sixth amendment right to a trial in the district where the defendant committed the crime does not apply to state prosecutions. In the process we also affirm the district court's dismissal of the petitioner-appellant's petition for writ of habeas corpus.

I.

A state grand...

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