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PARKER v. ESTELLE

No. 76-4245.

558 F.2d 312 (1977)

J. Loyd PARKER, Jr., Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 29, 1977.

Attorney(s) appearing for the Case

Will Gray, Houston, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Max P. Flusche, Jr., Asst. Atty. Gen., David M. Kendall, 1st. Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Petitioner, J. Loyd Parker, Jr., has been found guilty of murdering his father. In this habeas corpus action he seeks to litigate for the second time the constitutionality of Texas' refusal to give him sentence credit for the time he spent in a mental hospital following the crime but before trial. A panel of this Court previously denied his claim, finding that the jury took his six year period of hospitalization...

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