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SMITH v. ESTELLE

No. 76-4297.

569 F.2d 944 (1978)

Woodrow Wilson SMITH, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 20, 1978.

Attorney(s) appearing for the Case

Bertrand C. Moser, Houston, Tex. (court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., John Pierce Griffin, Asst. Atty. Gen., David M. Kendall, 1st Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, GOLDBERG and CLARK, Circuit Judges.

GOLDBERG, Circuit Judge:

On June 13, 1964 petitioner, Woodrow Wilson Smith, was convicted as an accomplice to murder with malice and sentenced to ninety-nine years imprisonment. Although Smith took no appeal, he later filed a state habeas corpus petition alleging, inter alia, that the state violated Smith's sixth amendment right of confrontation by introducing into evidence, over Smith's objection, the confession of Willie...

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