STIMACK v. STATE OF TEXAS

No. 76-1732.

548 F.2d 588 (1977)

William STIMACK and Ronald Mustari, Petitioners-Appellees, v. STATE OF TEXAS and W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

March 11, 1977.


Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., John Pierce Griffin, Asst. Atty. Gen., Austin, Tex., for respondents-appellants.

Michael P. Haines, Lawrence D. Tackett, Houston, Tex., for petitioners-appellees.

Before GODBOLD, SIMPSON and GEE, Circuit Judges.


PER CURIAM:

Petitioners, having exhausted state remedies, sought habeas corpus on grounds that jury tampering and prosecutorial misconduct denied them rights guaranteed by the Fifth, Sixth and Fourteenth Amendments.

The prosecutor introduced himself on voir dire as a member of the "organized crime division" and in closing argument referred to the evidence as presenting "the tip of an iceberg." During the trial, several jurors received telephone calls from...

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