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FINKLEA v. ESTELLE

No. 73-3598.

506 F.2d 438 (1975)

Harold Lloyd FINKLEA, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 13, 1975.

Attorney(s) appearing for the Case

James A. Mills, Jr., Phil Burleson (Court-appointed), Robt. T. Baskett, Dallas, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Larry F. York, First Asst. Atty. Gen., Joe B. Dibrell, Chief, Enforcement Div., Thomas M. Pollan, Gilbert T. Pena, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.

CLARK, Circuit Judge:

This is an appeal from a denial without hearing of a petition for habeas corpus. We reverse and remand for an evidentiary hearing.

On March 11, 1970, a Dallas County jury convicted petitioner Harold Lloyd Finklea of the possession of eight penny matchboxes filled with marijuana and sentenced him to life imprisonment in the Texas Department of Corrections.1 More than...

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