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ZAPATA v. ESTELLE

No. 76-4348.

585 F.2d 750 (1978)

Tules V. ZAPATA, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Panel Opinion After Remand February 2, 1979.

Attorney(s) appearing for the Case

Phyllis Coci, Huntsville, Tex., Richard L. Griffin, Houston, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Gilbert J. Pena, Asst. Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.

Panel Opinion After Remand February 2, 1979. See 588 F.2d 1017.

PER CURIAM:

We write briefly en banc to resolve an arguable conflict of authority in this circuit on an issue material to this case. This narrow issue is whether, once a habeas petitioner has raised a substantial, threshold doubt about his competency at the time of his trial by clear and convincing evidence, he must at the ensuing hearing prove the fact of that...

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