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LOFTIS v. ESTELLE

No. 73-3968.

515 F.2d 872 (1975)

Edwin L. LOFTIS, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 10, 1975.

Attorney(s) appearing for the Case

Donald A. Smyth, Staff Counsel, Tex. Dept. of Corrections, Brazoria, Tex., for petitioner-appellant.

Thomas H. Routt, Asst. Atty. Gen., Sarah Shirley, Joe B. Dibrell, Jr., Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before RIVES, GEWIN and GOLDBERG, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 10, 1975. See 520 F.2d 1406.

GEWIN, Circuit Judge:

This appeal from denial of a state prisoner's § 2254 habeas corpus petition is principally controlled by our recent decision in Fitzgerald v. Estelle, 505 F.2d 1334 (5th Cir. 1974) (en banc), dealing with effective assistance of retained counsel. Under the Fitzgerald standard for evaluating...

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