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Harrison v. Dyson

United States Court of Appeals, Fifth Circuit
Apr 19, 1974
492 F.2d 1162 (5th Cir. 1974)

Summary

vacating and remanding because the district court had "dismissed on the authority of" a case that the Supreme Court overruled

Summary of this case from Utah v. Su

Opinion

No. 73-2967.

April 19, 1974.

Dwight H. Moore, DeSoto, Tex., Edward Walter Dunbar, El Paso, Tex., for plaintiff-appellant.

N. Alex Bickley, City Atty., Lois Bacon, T. Alex Eastus, Asst. City Attys., Dallas, Tex., for defendants-appellees.

Appeal from the United States District Court for the Northern District of Texas.

Before ALDRICH, Senior Circuit Judge, and BELL and GEE, Circuit Judges.

Hon. Bailey Aldrich, Senior Circuit Judge of the First Circuit, sitting by designation.


Plaintiff-Appellants, habitual traffic offenders who claim to be indigent, challenged certain sentencing procedures of the Dallas municipal courts as violating Tate v. Short, 1971, 401 U.S. 395, 91 S. Ct. 668, 28 L.Ed.2d 130, and Argersinger v. Hamlin, 1972, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530. Their objections were to the alleged automatic conversion of fines to terms in jail, and to the imposition of such jail terms without affording counsel to indigent defendants. Declaratory and injunctive relief was sought.

The complaint, insofar as it related to defendants' future conduct, was dismissed on the authority of Becker v. Thompson, 5 Cir., 1972, 459 F.2d 919. That decision has now been reversed by the Supreme Court sub nom. Steffel v. Thompson, ___ U.S. ___, 94 S.Ct. 1209, 39 L.Ed.2d 505 (1974). The judgement of the district court is vacated and remanded for reconsideration in light of Steffel, and for further proceedings not inconsistent therewith.

In view of our remand, we do not reach any issue arising from the dismissal on the ground of mootness of that part of the case having to do with defendants' past conduct.

Vacated and remanded with direction.


Summaries of

Harrison v. Dyson

United States Court of Appeals, Fifth Circuit
Apr 19, 1974
492 F.2d 1162 (5th Cir. 1974)

vacating and remanding because the district court had "dismissed on the authority of" a case that the Supreme Court overruled

Summary of this case from Utah v. Su
Case details for

Harrison v. Dyson

Case Details

Full title:RUBEN HARRISON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY…

Court:United States Court of Appeals, Fifth Circuit

Date published: Apr 19, 1974

Citations

492 F.2d 1162 (5th Cir. 1974)

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