TURNBOW v. ESTELLE

No. 74-2593.

510 F.2d 127 (1975)

James Faldon TURNBOW, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 9, 1975.


Attorney(s) appearing for the Case

James Faldon Turnbow, pro se; Ted Redington, Staff Counsel for Inmates, Texas Dept. of Corrections, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Max P. Flusche, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEWIN and SIMPSON, Circuit Judges, and NICHOLS, Associate Judge.


GEWIN, Circuit Judge:

This appeal marks the third time that this court has considered the contentions of appellant James Faldon Turnbow in his efforts to secure the relief afforded by the writ of habeas corpus. Turnbow was convicted of rape on July 18, 1957; the trial jury set his punishment at ninety-nine years confinement. When the trial judge formally sentenced him two weeks later, neither of his court-appointed attorneys was present. He did not appeal from the...

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