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SWANSON v. ESTELLE

No. 73-1054.

492 F.2d 115 (1974)

Donnie Lynn SWANSON, Petitioner-Appellant, v. W. J. ESTELLE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 4, 1974.

Attorney(s) appearing for the Case

James H. Randals, Staff Counsel for Inmates, Tex. Dept. of Corrections, Ellis Unit, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., W. Barton Boling, Jack Boone, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before GODBOLD, DYER and GEE, Circuit Judges.

GODBOLD, Circuit Judge:

Appellant's petition for writ of habeas corpus was denied by the District Court without an evidentiary hearing. While we are not entirely free of doubt we conclude that the court was required to inquire further into the matter.

Swanson pleaded guilty in Texas state court to robbery by assault. A jury heard evidence and fixed his punishment at life imprisonment. The Texas Court of Criminal Appeals affirmed.1

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