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SMITH v. ESTELLE

No. 76-4185. Summary Calendar.

562 F.2d 1006 (1977)

James Haskel SMITH, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 11, 1977.

Attorney(s) appearing for the Case

Bertrand C. Moser, Houston, Tex., for petitioner-appellant.

James H. Smith, pro se.

John L. Hill, Atty. Gen., John Pierce Griffin, Asst. Atty. Gen., Austin, Tex., David M. Kendall, 1st Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Chief, Enforcement Div., Austin, Tex., for respondent-appellee.

Before COLEMAN, GODBOLD, and TJOFLAT, Circuit Judges.

TJOFLAT, Circuit Judge:

The appellant in this case, James Haskel Smith, is presently serving a life sentence imposed by the state of Texas following Smith's jury trial and conviction under that state's habitual offender statute.1 Since Smith's incarceration began in 1968, he has repeatedly invoked the jurisdiction of the Texas courts in an attempt to secure his release. In fact, the Texas courts have indicated that they will not entertain...

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