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NASH v. ESTELLE

No. 75-3772.

560 F.2d 652 (1977)

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

United States Court of Appeals, Fifth Circuit.

Rehearing Granted December 15, 1977.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., John Pierce Griffin, Asst. Atty. Gen., David M. Kendall, Jr., 1st Asst. Atty. Gen., Joe B. Dibrell, Jr., Chief, Enforce. Div., Robert E. DeLong, Jr., Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Michael A. Hatchell (Court-Appointed) Tyler, Tex., for petitioner-appellee.

Before MORGAN and HILL, Circuit Judges, and NOEL, Senior District Judge.

Rehearing En Banc Granted December 15, 1977.

NOEL, Senior District Judge:

After a jury trial, petitioner, Ira Nash, Jr., was convicted of murder with malice and sentenced to imprisonment for a term of one hundred years. His conviction was affirmed by the Texas Court of Criminal Appeals, Nash v. State, 477 S.W.2d 557 (Tex.Cr.App.1972), cert. denied, 409 U.S. 887, 93 S.Ct. 191, 34 L.Ed.2d 144. The court below...

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