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MORENO v. BETO

No. 25458.

415 F.2d 154 (1969)

Juan Ruiz MORENO, Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

August 11, 1969.

Attorney(s) appearing for the Case

W. G. Smith, Houston, Tex., for appellant.

Robert E. Owen, Lonny F. Zwiener, Asst. Attys. Gen., Austin, Tex., for appellee.

Before COLEMAN and GODBOLD, Circuit Judges, and RUBIN, District Judge.

GODBOLD, Circuit Judge.

By petition for writ of habeas corpus appellant asserted in the district court that his confession, admitted into evidence in a Texas state prosecution, was involuntary. The petition was denied in reliance on Henry v. Mississippi,1 on the ground that strategy employed by appellant's trial counsel constituted a deliberate bypass of the Texas state procedure for determination...

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