GREEN v. ESTELLE

No. 72-3721.

488 F.2d 918 (1973)

Jimmy Lynn GREEN, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 17, 1973.


Attorney(s) appearing for the Case

James E. Maggard, Jr., Staff Counsel for Inmates, Texas Dept. of Corrections, Rosharon, Tex. (Court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., Guy Fisher, Thomas M. Pollan, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before GODBOLD, DYER and GEE, Circuit Judges.


DYER, Circuit Judge:

In this appeal from the district court's denial of his habeas corpus petition, Green contends that his state conviction must fall due to the state's failure to produce a defense witness, subpoenaed on the day of trial, who was incarcerated at the time in the Dallas County jail. In addition, Green argues that alleged errors of his attorney in failing to preserve this point for appeal should not be binding on him. We affirm.

Green was convicted...

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