DOUTHIT v. ESTELLE

No. 74-4204.

540 F.2d 800 (1976)

Ellis Kennedy DOUTHIT, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 15, 1976.


Attorney(s) appearing for the Case

Charles W. Tessmer, Ronald L. Goranson, Dallas, Tex., for petitioner-appellant.

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

Before BROWN, Chief Judge, and TUTTLE and RONEY, Circuit Judges.


JOHN R. BROWN, Chief Judge:

This is an appeal from a District Court order denying Ellis Kennedy Douthit's petition for a Writ of Habeas Corpus. Petitioner claims that the State of Texas is collaterally estopped, under the principles announced in Ashe v. Swenson, 1970, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469, from trying him for assault with intent to commit rape in Travis County...

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