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DORROUGH v. ESTELLE

No. 73-1881.

512 F.2d 1061 (1975)

Jerry Mack DORROUGH, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 28, 1975.

Attorney(s) appearing for the Case

David M. Ellis, Dallas, Tex. (court appointed), for petitioner-appellant.

Gilbert J. Pena, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RIVES, WISDOM and MORGAN, Circuit Judges.

BY THE COURT:

The earlier opinion of this Court in this case, reported at 497 F.2d 1007 (5 Cir. 1974), was reversed by the United States Supreme Court. See Estelle v. Dorrough, 1975, ___ U.S. ___, 95 S.Ct. 1173, 43 L.Ed.2d 377. Dorrough's sole contention in the district court and in this Court was that the Texas statute which provided for the dismissal of any pending direct criminal appeal of a defendant who escaped from confinement...

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