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SMITH v. ESTELLE

No. 76-1195 Summary Calendar.

531 F.2d 260 (1976)

Lonnie SMITH, Jr., Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 5, 1976.

Attorney(s) appearing for the Case

Lonnie Smith, Jr., pro se.

Dunklin Sullivan, Asst. Atty. Gen., John L. Hill, Atty. Gen., Austin, Tex., for respondent-appellee.

Before COLEMAN, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

Appellant, Lonnie Smith, Jr., was convicted of rape in a Texas court and sentenced to serve 60 years. Having exhausted his state post-conviction remedies, he petitioned the court below for a writ of habeas corpus. The writ was denied. In this appeal, Smith argues three separate grounds for reversal: (1) the in-court identification of Smith by the rape victim was improperly tainted by a pretrial photographic identification; (2) he was denied counsel during...

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