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MARTIN v. ESTELLE

No. 77-2726.

583 F.2d 1373 (1978)

Favis Clay MARTIN, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 13, 1978.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Jack Boone, Joe B. Dibrell, Asst. Attys. Gen., Austin, Tex., Thomas A. Curtis, Potter County Dist. Atty., Steve Kattner, John Byron Reese, Asst. Dist. Attys., Amarillo, Tex., for respondent-appellant.

Ronald D. Nickum, Amarillo, Tex. (Court-appointed), for petitioner-appellee.

Before GEWIN, GODBOLD and MORGAN, Circuit Judges.

GEWIN, Circuit Judge:

For a third time petitioner Martin comes before this court. The course of his protracted efforts to overturn his 1970 conviction for murder is detailed in our most recent opinion in this case, Martin v. Estelle, 546 F.2d 177 (5th Cir. 1977). There, Martin appealed from the district court's denial of his petition for a writ of habeas corpus on the grounds that...

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