MARTIN v. ESTELLE

No. 75-3547.

546 F.2d 177 (1977)

Favis Clay MARTIN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 31, 1977.


Attorney(s) appearing for the Case

Favis Clay Martin, pro se.

William David Sims, Jr. (Court-appointed), Dallas, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Jack B. Boone, Asst. Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Chief, Enforc. Div., Stephen J. Wilkinson, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GOLDBERG, SIMPSON and GEE, Circuit Judges.


SIMPSON, Circuit Judge:

The district court denied Martin's petition for habeas corpus, based on appellant's contention that the Texas state courts denied him a full and fair hearing as to his competency to stand trial. This appeal ensued. We reverse the judgment below, and remand for further proceedings.

Appellant was charged with the murder of his wife with malice. Prior to trial on the merits appellant requested and was granted a jury trial on the issue...

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