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SWANSON v. ESTELLE

No. 74-4075.

523 F.2d 1250 (1975)

Donnie Lynn SWANSON, Petitioner-Appellee, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

November 24, 1975.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Austin, Tex., W. Barton Boling, Gilbert Pena, Asst. Attys. Gen., El Paso, Tex., for respondent-appellant.

Larry Miller, Dallas, Tex., for petitioner-appellee.

Before WISDOM, CLARK and RONEY, Circuit Judges.

PER CURIAM:

The district court's grant of petitioner's application for writ of habeas corpus occurred prior to this Court's decision in Thomas v. Savage, 513 F.2d 536 (5th Cir. 1975), where we held that the introduction of prior counselless misdemeanor convictions at a subsequent trial could, under appropriate circumstances, constitute harmless error beyond a reasonable doubt. See Chapman v. California,

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