# Dorrough v. Estelle

> Court of Appeals for the Fifth Circuit · July 29, 1974 · 497 F.2d 1007

URL: https://www.frixlaw.com/law-library/cases/8893701

## Case

- **Full name:** Jerry Mack DORROUGH v. W. J. ESTELLE, Director, TDC
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 29, 1974
- **Citations:** 497 F.2d 1007
- **Precedential status:** Published
- **Opinion:** Concurrence by Rives
- **Judges:** Morgan, Rives, Wisdom
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed by Estelle v. Dorrough, 420 U.S. 534 (1975).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8893701

## Opinion text

RIVES, Circuit Judge
(specially concurring) :
I concur in the result but not in everything said in the opinion. Insofar as the opinion demonstrates that the classification system established by Article 44.09 does not have a rational relation to a legitimate state purpose and therefore violates equal protection, I heartily agree.
Every statutory classification must meet the rational relationship test. Some classifications, those which are “suspect” and those which deny a “fundamental” right, can be justified only by showing a “compelling” state interest. As to the statutory “first appeal” provided to criminal defendants, 1 it seems to me that a classification which denies any appeal whatsoever to a prisoner who has been recaptured within two days after escaping can be justified only by showing a “compelling” state interest. 2
I therefore specially concur.
. Douglas v. California, 1963, 372 U.S. 353 at 356 and 357, 83 S.Ct. 814 ; cf. Ross v. Moffitt, 1974, - U.S. -, 94 S.Ct. 2437 , 40 L.Ed.2d-.
. See Mr. Justice Marshall’s discussion in dissent in San Antonio School District v. Rodriguez, 1973, 411 U.S. 1 , at 102 and n. 61, 93 S.Ct. 1278 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8893701. Public record. Not legal advice.