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NIXON v. BETO

No. 71-3474. Summary Calendar.

456 F.2d 1065 (1972)

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

United States Court of Appeals, Fifth Circuit.

March 9, 1972.

Attorney(s) appearing for the Case

Thomas M. Sewell, Jr., Houston, Tex. (Court-appointed), for petitioner-appellant.

Crawford Martin, Atty. Gen., Lonny F. Zwiener, 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 THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

PER CURIAM:

Upon conviction of a second assault to commit murder, Nathaniel Nixon was sentenced to prison for twenty-five years. The sole ground for the writ of habeas corpus was that in the state court Nixon had not received effective assistance from his court-appointed counsel. Upon a complete evidentiary hearing, in which Nixon was represented by counsel and testified, the District Court denied relief. The District Judge found that Nixon was not a credible witness...

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