JUREK v. ESTELLE

No. 78-1374.

623 F.2d 929 (1980)

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

United States Court of Appeals, Fifth Circuit.

August 11, 1980.


Attorney(s) appearing for the Case

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

Mark L. White, Atty. Gen., Anita Ashton, R. Kristin Weaver, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before COLEMAN, Chief Judge, BROWN, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, JR., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON, and THOMAS A. CLARK, Circuit Judges.


GARZA, Circuit Judge:

We have gathered en banc to consider the circumstances surrounding the arrest, interrogation, confession, and trial of Jerry Lane Jurek, convicted of murder and sentenced to death in a Texas state district court. A panel of this Court has reversed a federal district court's denial of Jurek's petition for a writ of habeas corpus. Jurek v. Estelle, 593 F.2d 672 (5th Cir. 1979). The panel majority based its...

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