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ZAPATA v. ESTELLE

No. 76-4348.

588 F.2d 1017 (1979)

Tules V. ZAPATA, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 2, 1979.

Attorney(s) appearing for the Case

Phyllis C. Coci, Richard L. Griffin, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Gilbert J. Pena, Asst. Atty. Gen., David M. Kendall, 1st Asst. Atty. Gen., Joe B. Dibrell, Douglas M. Becker, Randy Drewett, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before CLARK and GEE, Circuit Judges, and LYNNE, District Judge.

GEE, Circuit Judge:

Appellant Zapata killed her husband on May 3, 1971, shooting him to death with a revolver which she reloaded in the process. Three months later she was tried in the Texas courts and convicted of murder over her plea of self defense. She now seeks habeas corpus relief, urging the following as her grounds: (1) that the trial court should have ordered a competency hearing sua sponte; (2) that her attorney was ineffective in failing to request a competency...

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