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FLORES v. ESTELLE

Nos. 74-3860 & 74-3868.

513 F.2d 764 (1975)

Jerome FLORES, Jr., Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee. Augustine Mendoza ORTEGA, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 9, 1975.

Attorney(s) appearing for the Case

Thomas E. Roberts, Dallas, Tex. (Court-appointed), for petitioner-appellant in 74-3860.

Joe Dibrell, George R. Bedell, Marc Perlmutter, Asst. Attys. Gen., Austin, Tex., for Estelle.

William R. McGarvey, Dallas, Tex. (Court-appointed), for petitioner-appellant in 74-3868.

Before GOLDBERG, CLARK and GEE, Circuit Judges.

GEE, Circuit Judge:

Appellants pursue habeas relief from state murder convictions. In view of our earlier opinion1 wherein the facts are set out in full, we note only that they were driver and gunner in a vehicle from which one Villareal was shotgunned to death and his companion, Garza, was wounded. Garza was the sole witness, and he and the dead man had been drinking together.

At trial, the defense subpoenaed a Dr. Mason, the...

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