[DOWNLOAD] "Lyons v. Mccotter" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Lyons v. Mccotter
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 13, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The director of the Texas Department of Corrections (the director) appeals from the judgment of the district court which adopted the magistrates findings, conclusions, and recommendation that the application for writ of habeas corpus of Emmit Charles Lyons, a state prisoner, should be granted and which directed the state of Texas to retry of release Lyons within 120 days of entry of the judgment. The district court reasoned that Lyons was denied effective assistance of counsel in his trial for aggravated robbery with a deadly weapon when his counsel failed to object or request a limiting instruction to cross-examination testimony and closing argument indicating that Lyons had previously been convicted of a similar offense. The court found that the evidence against Lyons was "hardly overwhelming" and concluded that Lyons suffered actual prejudice from his counsels failure to exclude or limit evidence of the prior conviction. Finding that counsels failure to object or request a limiting instruction did not constitute reasonable professional assistance, we affirm the district courts judgment granting Lyons habeas relief.