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MORGAN v. ESTELLE

No. 78-1416.

588 F.2d 934 (1979)

Charles Edward MORGAN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 29, 1979.

Attorney(s) appearing for the Case

Richard A. Dawson, Staff Counsel for Inmates, Texas Dept. of Corrections, Sugar Land, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., David M. Kendall, Jr., Joe B. Dibrell, Jr., Catherine E. Greene, Barbara M. Barron, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before GOLDBERG, Circuit Judge, SKELTON, Senior Judge, and FAY, Circuit Judge.

SKELTON, Senior Judge.

Charles Edward Morgan, Petitioner, was convicted of the felony offense of rape by a jury in a district court of Dallas County, Texas, on February 29, 1968, and sentenced by the court to confinement for 99 years in the Texas Department of Corrections. He was granted a new trial on December 23, 1968. A second trial was held on March 21, 1972, in which he was again convicted by a jury of the offense of rape and again sentenced to a prison term...

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