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CHALK v. BETO

No. 28733.

429 F.2d 225 (1970)

Rufus CHALK, Petitioner-Appellee, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 6, 1970.

Attorney(s) appearing for the Case

Ronald Luna, Asst. Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Austin, Tex., for appellant.

Rufus Chalk, pro. per., appellee.

John Michael McMullen, Dallas, Tex., court-appointed, for appellee.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

PER CURIAM:

This is the companion case to King v. Beto, 5 Cir. 1970, 429 F.2d 221. Both cases involve the constitutional question of effectiveness of the same attorney who happened to represent both petitioners at their separate criminal trials. In this case, as in King, supra, the petitioner exhausted his state post-conviction remedies and petitioned the District Court, Southern District of Texas, for writ of habeas corpus...

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