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CHERRY v. ESTELLE

No. 74-3234. Summary Calendar.

507 F.2d 242 (1975)

James Walter CHERRY, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 24, 1975.

Attorney(s) appearing for the Case

James H. Randals, Staff Counsel for Inmates, Route 3, Ellis Unit, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Ben M. Harrison, Mark Perlmutter, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

This habeas case presents the question of the extent to which the State must provide expert witnesses for indigent criminal defendants. James Walter Cherry, the petitioner, is serving a life sentence for murder of a law enforcement officer in Dallas, Texas. In his petition for habeas relief, he contended that he was denied a fair trial because the Dallas County Commissioners' Court refused to pay the expenses that would be incurred in obtaining the testimony...

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