Estelle v. Dorrough

Background

Jerry Mack Dorrough, a man convicted of robbery in Texas in 1963 and serving a 25-year sentence, escaped after filing an appeal and was recaptured two days later. Texas law (Art. 44.09) provided that if a prisoner escapes while an appeal is pending, the state's highest criminal court will dismiss the appeal unless the prisoner voluntarily returns within ten days, with a 30-day discretionary exception for death or life sentences. Dorrough later challenged the dismissal as violating equal protection.

Reasoning

The Supreme Court said there is no federal constitutional right to state appellate review and found that Art. 44.09 was a rational choice by the Texas legislature. The Court held the statute’s distinctions — extra discretionary time for death or life sentences and limiting dismissal to appeals already filed — bear a reasonable relation to deterrence of escapes and orderly court procedure. The Court reversed the Fifth Circuit and upheld the statute against the equal protection challenge.

Real world impact

As a result, states like Texas may continue to dismiss pending appeals by prisoners who flee custody, and many prisoners who escape after filing appeals risk losing appellate review. The decision leaves the rule in place while noting the Court’s long history of declining to hear escaped defendants’ appeals. This was not a final review of every related claim; state practices and individual cases may still be litigated.

Dissents or concurrances

Justice Stewart (joined by Brennan and Marshall) dissented, arguing the statute produces irrational and arbitrary punishments and that dismissal after recapture raises serious fairness concerns.