WHITE v. ESTELLE

No. 76-3070.

556 F.2d 1366 (1977)

Jerald Aaron WHITE, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, and R. A. Osborn, Warden, Federal Correctional Institute, Texarkana, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

August 8, 1977.


Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Patrick P. Rogers, Dunklin Sullivan, Joe B. Dibrell, Asst. Attys. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Austin, Tex., for respondents-appellants.

James E. Davis, Texarkana, Ark., for petitioner-appellee.

Before GODBOLD, TJOFLAT and HILL, Circuit Judges.


GODBOLD, Circuit Judge:

Petitioner, a federal prisoner, filed a petition for writ of habeas corpus attacking his state conviction for theft and a detainer filed pursuant to the conviction. The asserted ground was that his plea of guilty was invalid because it was made pursuant to a plea bargain which the state did not honor.

Earlier, petitioner had filed a state habeas proceeding. The state trial judge made no findings of fact or conclusions of law but filed...

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