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HERRING v. ESTELLE

No. 73-2672.

491 F.2d 125 (1974)

Wilbert HERRING, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 16, 1974.

Attorney(s) appearing for the Case

William T. Armstrong, Staff Counsel for Inmates, Weldon, Tex., Harry H. Walsh, Huntsville, Tex., James H. Randals, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellant.

Thomas M. Pollan, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BELL, THORNBERRY and DYER, Circuit Judges.

Rehearing and Rehearing Denied April 16, 1974.

THORNBERRY, Circuit Judge:

In this § 2253 habeas corpus appeal, Herring contends that he unknowingly and involuntarily pled guilty to a robbery charge because his appointed counsel was too poorly prepared to give him effective assistance in deciding how to plead. We agree and order that the writ be granted.

This case began with a May 30, 1962, jailbreak at the Tom Green County (Texas) Jail. When the...

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