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COLE v. ESTELLE

No. 75-3283.

548 F.2d 1164 (1977)

John Lerl COLE, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 17, 1977.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Patrick P. Rogers, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Donald A. Smyth, Staff Counsel for Inmates, Texas Dept. of Corrections, Brazoria, Tex. (Court Appointed), Robert T. Baskett, Phil Burleson, Dallas, Tex., for petitioner-appellee.

Before BROWN, Chief Judge, and GEWIN and MORGAN, Circuit Judges.

PER CURIAM:

This case is before us after the Supreme Court vacated our prior opinion and remanded for further consideration in light of Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976). Concluding that Stone v. Powell precludes habeas corpus relief in this case,1 we reverse the district court.

Appellee was convicted of robbery by assault in Texas state court. Before...

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