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JUREK v. ESTELLE

No. 78-1374.

593 F.2d 672 (1979)

Jerry Lane JUREK, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Dept. of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted June 5, 1979.

Attorney(s) appearing for the Case

Jay Topkis, John Charles Boger, New York City, for petitioner-appellant.

John L. Hill, Atty. Gen., Anita Ashton, R. Kristin Weaver, David M. Kendall, Jr., Gilbert Pena, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before GEWIN, COLEMAN and GOLDBERG, Circuit Judges.

Rehearing En Banc Granted June 5, 1979.

GOLDBERG, Circuit Judge:

On February 2, 1974, in Cuero, Texas, Jerry Lane Jurek was convicted of capital murder and sentenced to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence. 522 S.W.2d 934 (Tex.Cr.App. 1975). The Supreme Court of the United States also affirmed, 428 U.S. 262, 96 S.Ct. 2950, 49 L.Ed.2d 929 (1976). Jurek...

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