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CARTER v. ESTELLE

No. 74-3401.

537 F.2d 197 (1976)

Eugene CARTER, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 19, 1976.

Attorney(s) appearing for the Case

William B. Clarkson, Houston, Tex. (court appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., Merrill Finnell, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEWIN, DYER and ADAMS, Circuit Judges.

PER CURIAM:

Appellant, Eugene Carter, was tried by a jury, convicted of theft from the person and given an enhanced life sentence under the Texas habitual offender act then in effect.1 The conviction was affirmed on direct appeal, Carter v. State, 408 S.W.2d 507 (Tex.Crim.App.1966), and habeas corpus relief was later denied by the Texas state courts. Subsequently, he petitioned the federal district...

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