PENNINGTON v. BETO

No. 29731.

437 F.2d 1281 (1971)

Ulis Lando PENNINGTON, Petitioner-Appellant, v. Dr. George BETO, Director, Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 5, 1971.


Attorney(s) appearing for the Case

David McAtee, Dallas, Tex., for petitioner-appellant; Thompson, Knight, Simmons & Bullion, Dallas, Tex., of counsel.

Crawford Martin, Atty. Gen., Howard M. Fender, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RIVES and SIMPSON, Circuit Judges, and NICHOLS, Judge of the Court of Claims.


SIMPSON, Circuit Judge:

We review on this appeal the denial of habeas corpus relief to a Texas state prisoner, Ulis Lando Pennington, after hearing by the federal district court. We consider the hearing held to have been overly restricted and the findings thereon inadequate. Accordingly, the case is remanded for further proceedings in the district court.

The substance of appellant Pennington's claim is that Texas courts denied

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