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SCHNEIDER v. ESTELLE

No. 76-2917.

552 F.2d 593 (1977)

Michael E. SCHNEIDER, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 18, 1977.

Attorney(s) appearing for the Case

George A. Scharmen, II, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellant.

John H. Hill, Atty. Gen., Max P. Flusche, Jr., Gilbert J. Pena, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before MORGAN and RONEY, Circuit Judges, and KING, District Judge.

RONEY, Circuit Judge:

This case involves a question of law which turns on the facts of the individual case. The facts of this case are a bit different. The defendant in a state trial admitted that he was guilty of a crime, robbery, but denied he was guilty of robbery by firearm, for which he was convicted. The conviction was affirmed on appeal. Schneider v. State, No. 48,938 (Tex.Ct.Crim.App. Oct. 16, 1974). He now claims to possess newly discovered evidence...

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