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COLLIER v. ESTELLE

No. 73-1543.

488 F.2d 929 (1974)

Donald Dee COLLIER, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 31, 1974.

Attorney(s) appearing for the Case

Patricia E. Abbitt, Dallas, Tex. (Court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., E. Bruce Curry, Asst. Atty. Gen., Joe B. Dibrell, Austin, Tex., for respondent-appellee.

Before TUTTLE, GEWIN and GOLDBERG, Circuit Judges.

GEWIN, Circuit Judge:

This 2253 appeal,1 taken from an order denying a petition for a writ of habeas corpus, presents the question of whether appellant, Donald Collier, was denied his constitutional right to appeal by the failure of the state court to afford him appointed counsel on appeal. Critical to the resolution of this question is a subsidiary issue of whether appellant waived this right...

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