DORROUGH v. ESTELLE

No. 73-1881.

497 F.2d 1007 (1974)

Jerry Mack DORROUGH, Petitioner-Appellant, v. W. J. ESTELLE, Director, TDC, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 29, 1974.


Attorney(s) appearing for the Case

David M. Ellis, Dallas, Tex. (Court-appointed), for petitioner-appellant.

Gilbert J. Pena, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RIVES, WISDOM and MORGAN, Circuit Judges.


WISDOM, Circuit Judge:

In this appeal from the district court's denial of his petition for a writ of habeas corpus, Jerry Mack Dorrough attacks the constitutionality of article 44.09, Vernon's Tex.Code Crim.Proc.Ann. Dorrough argues that he was denied equal protection of the laws when his direct appeal from a state felony conviction was dismissed upon his escape from confinement, and was not reinstated upon his subsequent recapture. Article 44.09 strips the Court...

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