FERRELL v. ESTELLE

No. 77-1224.

568 F.2d 1128 (1978)

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

United States Court of Appeals, Fifth Circuit.

Opinion Withdrawn May 9, 1978.


Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Austin, Tex., Alvin K. James, Asst. Atty. Gen. Houston, Tex., David M. Kendall, Jr., 1st Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

John Ackerman, N.C.C.D.L.P.D., Houston, Tex. (Court-appointed), for petitioner-appellee.

Before GOLDBERG, CLARK, and INGRAHAM, Circuit Judges.


CHARLES CLARK, Circuit Judge:

Ferrell became deaf between the time of the murder with which he was charged and the time of his trial. In the brief period from the onset of his deafness to his trial he did not learn to read lips or to understand sign language. He could communicate only through written notes. Thus he could understand the proceedings at his trial only if someone wrote an explanation. His counsel asked the court to provide stenographers who could simultaneously...

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