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HARDIN v. ESTELLE

No. 73-2521 Summary Calendar.

484 F.2d 944 (1973)

Charles Edward HARDIN, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

September 19, 1973.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen. of Texas, Lonny F. Zwiener, Joe B. Dibrell, Asst. Attys. Gen., Austin, Tex., Jerry Buckner, Asst. Dist. Atty., James A. Mashburn, Dist. Atty., Midland, Tex., for respondent-appellant.

William Monroe Kerr, court-appointed, Midland, Tex., for petitioner-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

COLEMAN, Circuit Judge:

In September, 1969, a jury in the Texas District Court at Midland convicted Charles Edward Hardin of robbery by assault. As a recidivist he was sentenced to imprisonment for life. The Texas Court of Criminal Appeals affirmed, 471 S.W.2d 60. He sought federal habeas corpus relief on the same grounds asserted in the Texas Courts, i. e., denial of compulsory process for his witnesses and denial of due process...

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