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GRAY v. ESTELLE

No. 74-3977 Summary Calendar.

538 F.2d 1190 (1976)

Bobby Dean GRAY, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 20, 1976.

Attorney(s) appearing for the Case

Donald A. Smyth, Staff Counsel for Inmates, Brazoria, Tex., for petitioner-appellant.

Ed Idar, Jr., Paul R. Gavia, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before AINSWORTH, CLARK and RONEY, Circuit Judges.

PER CURIAM:

Bobby Dean Gray appeals from a denial of habeas corpus relief. Gray was convicted in 1963 in Harris County, Texas, after a trial before the jury for the offense of robbery by assault; his sentence was 45 years. In his habeas corpus application Gray contends that he was denied due process of law by being required to wear prison garb during his trial. The federal district court denied relief, holding that the decision to be tried in jail clothes was a conscious...

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