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MILLS v. ESTELLE

No. 76-2434.

552 F.2d 119 (1977)

James William MILLS, Petitioner-Appellee, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 12, 1977.

Attorney(s) appearing for the Case

John Hill, Atty. Gen., David M. Kendall, Jr., 1st Asst. Atty. Gen., Joe B. Dibrell, Robert E. De Long, Jr., Asst. Attys. Gen., Joe H. Thrash, Austin, Tex., for respondent-appellant.

Ted Redington, Staff Counsel for Inmates, Texas Dept. of Corrections, Huntsville, Tex., for petitioner-appellee.

Before TUTTLE, GOLDBERG and CLARK, Circuit Judges.

TUTTLE, Circuit Judge:

A Texas jury convicted appellee Mills of stealing a trailerload of apples. Pursuant to the Texas enhancement statute, he was sentenced to life imprisonment, for this was his third conviction. The United States district court granted Mills' habeas corpus petition on the ground that the state trial court's refusal to admit evidence of a prosecution witness' prior conviction denied Mills his sixth amendment...

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