FITZGERALD v. ESTELLE

No. 72-2459.

505 F.2d 1334 (1975)

Otis Ray FITZGERALD, Petitioner-Appellant, v. W. J. ESTELLE, Director Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 12, 1975.


Attorney(s) appearing for the Case

John L. Jeffers, Jr., Houston, Tex. (Court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., Austin, Tex., W. Barton Boling, Asst. Atty. Gen., El Paso, Tex., for respondent-appellee.

Before BROWN, Chief Judge, and RIVES, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON, MORGAN, CLARK, RONEY and GEE, Circuit Judges.


CLARK, Circuit Judge:

A panel of this court overturned a finding by the Texas trial and appellate habeas corpus courts and by the federal district judge that petitioner had not been denied the effective assistance of counsel at his 1954 state court trial for robbery. We agreed to rehear the cause en banc to resolve the constitutional standards which govern adjudication of claims of ineffective assistance of privately retained counsel. Those standards are set out as...

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