SCOTT v. ESTELLE

No. 77-2829 Summary Calendar.

567 F.2d 632 (1978)

Neil Estes SCOTT, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 8, 1978.


Attorney(s) appearing for the Case

Neil Estes Scott, pro se.

John L. Hill, Atty. Gen., Catherine E. Greene, Asst. Atty. Gen., David M. Kendall, Jr., Joe B. Dibrell, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.


PER CURIAM:

Neil Estes Scott, a Texas prisoner, appeals from the district court's denial of habeas corpus relief. Because the district court neither required respondent to file an answer nor held an evidentiary hearing, we vacate the judgment below and remand the cause for further proceedings.

Appellant is confined for an aggravated robbery conviction. Represented by counsel appointed on the day he pleaded guilty, appellant was sentenced to life imprisonment...

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