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ZILKA v. ESTELLE

No. 75-1959.

529 F.2d 388 (1976)

Anthony Martin ZILKA, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Dept. of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 5, 1976.

Attorney(s) appearing for the Case

Stanley G. Schneider, Staff Counsel for Inmates, Texas Dept. of Corr., Huntsville, Tex., for petitioner-appellant.

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

Before WISDOM, CLARK and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 5, 1976.

RONEY, Circuit Judge:

This case raises the question of whether constitutional error committed in permitting the prosecution to expose two counselless felony convictions during cross-examination of a state defendant can be cured by application of the harmless error rule so that the state conviction can withstand constitutional attack in a habeas corpus proceeding, and if so, whether the state trial record...

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