McMILLON v. ESTELLE

No. 75-1926.

523 F.2d 1249 (1975)

Albert Charles McMILLON, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 28, 1975.


Attorney(s) appearing for the Case

Laird Palmer, Austin, Tex., for petitioner-appellant.

Max P. Flusche, Jr., Asst. Atty. Gen., State of Texas, Joe Dibrell, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, and RIVES and GEE, Circuit Judges.


GEE, Circuit Judge:

This case presents a factual situation unlikely to recur. Appellant McMillon seeks habeas relief from a narcotics conviction on due process grounds because the foreman of the convicting jury was a lawyer with whom both he and his family had previously discussed the facts of his case. The attorney had visited appellant in jail to discuss his case1 at the request of appellant's mother, but was ultimately not retained...

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