The U.S. Federal Penitentiary at Fort Leavenworth, Kansas, was an awesome sight. Surrounded by 40-foot high concrete walls that descended 20 feet underground, it was a veritable fortress. Situated on more than 1,500 acres of flat unobstructed land, the prison was originally built after the Civil War to house military prisoners and, though it was used continuously since then, by 1890 the institution had fallen into disrepair through underfunding and neglect. A new construction plan
Albright's attorney appealed the case, based on a lack of evidence against him for the murder conviction. He also said that the trial court erred in not conducting a separate hearing on punishment. In 1994, the Texas Court of Appeals, Fifth District, published an opinion in which they dismissed Albright's first point of error, said that the appellant had provided nothing for review on the second issue, and they overruled the third point of error, because the issue had not