GILL v. ESTELLE

No. 75-1416.

530 F.2d 1152 (1976)

Richard Donald GILL, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 28, 1976.


Attorney(s) appearing for the Case

Donald A. Smyth, Staff Counsel for Inmates, Texas Dept. of Corr., Brazoria, Tex., for petitioner-appellant.

Jack Boone, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, CLARK and RONEY, Circuit Judges.


RONEY, Circuit Judge:

Richard Donald Gill asserts two constitutional errors in his Texas robbery conviction in the prosecution's use of a prior conviction and an ensuing counselless probation revocation. Specifically, Gill asserts that he was effectively prevented from testifying in his own behalf because the court refused to grant a preliminary motion to prevent the state from using the prior conviction for impeachment purposes; and, he contends that the use of the...

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