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SMITH v. ESTELLE

No. 78-1839.

602 F.2d 694 (1979)

Ernest Benjamin SMITH, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Dept. of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 22, 1979.

Attorney(s) appearing for the Case

Anita Ashton, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Joel I. Klein, Rogivin, Stern & Huge, Washington, D. C., for the American Psychiatric Assn.

James M. Nabrit, III, Joel Berger, Jack Greenberg, John C. Boger, New York City, Anthony G. Amsterdam, Stanford University Law School, Stanford, Cal., for petitioner-appellee.

Before WISDOM, GOLDBERG and VANCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 22, 1979.

GOLDBERG, Circuit Judge:

Ernest Benjamin Smith, Jr., the appellee in this case, participated in an armed robbery in which a person was killed. He was indicted for capital murder and convicted by a jury in Dallas County, Texas. Texas law provides that when a defendant is convicted of a capital crime, the court must immediately hold a hearing, before the same jury, to decide whether the defendant is to...

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