HUFFMAN v. ESTELLE

No. 75-1070.

524 F.2d 926 (1975)

Arlice HUFFMAN, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Dept. of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 1975.


Attorney(s) appearing for the Case

Richard Prinz, Houston, Tex. (Court appointed), for petitioner-appellant.

Sam R. Wilson, Asst. Atty. Gen., Houston, Tex., John Pierce Griffin, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEWIN, BELL and SIMPSON, Circuit Judges.


PER CURIAM:

The district court considered the habeas claim of appellant, a Texas State prisoner, as having arisen in the context of the Texas enhancement statute, Vernon's Ann.P.C., Art. 63, as amended, V.T. C.A. Penal Code § 12.42. The claim was that the state trial court allowed an invalid prior conviction to be introduced into evidence during the punishment stage of a bifurcated trial for murder with malice. Vernon's Ann.C.C.P. Art. 37.07, § 2...

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