SCRUGGS v. ESTELLE

No. 74-3180.

536 F.2d 1038 (1976)

Robert Carl SCRUGGS, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 9, 1976.


Attorney(s) appearing for the Case

Harry H. Walsh, Staff Counsel for Inmates, Stanley G. Schneider, Huntsville, Tex., for petitioner-appellant.

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

Before WISDOM and DYER, Circuit Judges, and KRAFT, District Judge.


PER CURIAM:

Appellant, Scruggs, was convicted in state court in Tarrant County, Texas for sale of marihauna. During his trial before a jury he wore identifiable prison clothing. Neither Scruggs nor his retained counsel interposed any objection to the prison attire at the outset of or during the trial.

Following his conviction, from which no appeal was taken, Scruggs filed a petition for writ of habeas corpus in the state trial court, asserting a denial of...

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