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DAVIS v. ESTELLE

No. 73-3721.

529 F.2d 437 (1976)

David A. DAVIS, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 24, 1976.

Attorney(s) appearing for the Case

David L. Loving, III, Dallas, Tex. (Court-appointed), for plaintiff-appellant.

Robert C. Flowers, Jr., Asst. Atty. Gen., Max P. Flusche, Jr., Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Before BROWN, Chief Judge, GODBOLD and RONEY, Circuit Judges.

RONEY, Circuit Judge:

On October 14, 1974, we remanded this case to the district court for the purpose of holding an evidentiary hearing to determine whether counsel was present at petitioner's 1949 sentencing on a state conviction for theft. Davis v. Estelle, 502 F.2d 523 (5th Cir.1974). The 1949 conviction, along with a 1963 federal conviction for forgery and passing a Government treasury check, was used to obtain a mandatory...

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