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HANCOCK v. ESTELLE

No. 76-3645 Summary Calendar.

558 F.2d 786 (1977)

Elton Wayne HANCOCK, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 12, 1977.

Attorney(s) appearing for the Case

Leon S. Hirsch (Court-appointed), Houston, Tex., for petitioner-appellant.

Elton Wayne Hancock, pro se.

John L. Hill, Atty. Gen., Romaner J. Strong, Jr., Asst. Atty. Gen., Houston, Tex., David M. Kendall, Jr., 1st Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 12, 1977.

JAMES C. HILL, Circuit Judge:

The appellant was convicted of murder with malice aforethought, he received a sentence of 99 years, and the conviction was affirmed on appeal. Hancock v. State of Texas, 462 S.W.2d 36 (Tex.Cr.App.1971). The facts are set forth in detail in that opinion. His first federal habeas petition was denied for lack of exhaustion. A habeas...

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