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MARTIN v. ESTELLE

No. 73-2550.

492 F.2d 1120 (1974)

Favis Clay MARTIN, #222967, Petitioner-Appellant, v. James W. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 19, 1974.

Attorney(s) appearing for the Case

Stuart M. Nelkin, Houston, Tex. (Court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen. of Texas, Jack Boone, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BELL, THORNBERRY and DYER, Circuit Judges.

BELL, Circuit Judge:

This is an appeal from the denial of federal habeas corpus relief to appellant, a Texas state prisoner. Appellant was convicted in 1970 of murder with malice. His conviction was affirmed on appeal. Martin v. State, Tex.Cr.App., 1972, 475 S.W.2d 265, cert. denied, 409 U.S. 1021, 93 S.Ct. 469, 34 L.Ed.2d 312.

This federal habeas proceeding was instituted after appellant had exhausted his available remedies...

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