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MAXON v. ESTELLE

No. 76-2943.

558 F.2d 306 (1977)

Marol Donna MAXON, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 18, 1977.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Romaner J. Strong, Jr., Asst. Atty. Gen., Houston, Tex., Dunklin Sullivan, Asst. Atty. Gen., David M. Kendall, Jr., 1st Asst. Atty. Gen., Joe B. Dibrell, Jr., John Pierce Griffin, Calvin Botley, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Richard Prinz, Houston, Tex., for petitioner-appellee.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

PER CURIAM:

Appellant Marol Donna Maxon and her common-law husband, "Buddy" Gill, were tried in Texas state court for the unlawful possession of heroin. At the time the search with a warrant occurred, only Maxon was present in the apartment where the heroin was found. After the trial at which the same retained counsel, Edward Shaw, represented both parties, the jury acquitted Gill but convicted Maxon and assessed punishment at ten years in prison. In 1974, after unsuccessfully...

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