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MILLER v. SMITH

No. 77-2610.

615 F.2d 1037 (1980)

Bruce MILLER, Plaintiff-Appellant, v. N. S. SMITH, Individually and in his capacity as a member of the Dallas Police Department, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 21, 1980.

Attorney(s) appearing for the Case

Ronald G. Franklin, Hill & Parker, Houston, Tex., for plaintiff-appellant.

Joseph G. Werner, Asst. City Atty., Dallas, Tex., for defendants-appellees.

Renea Hicks, Asst. Atty. Gen., Austin, Tex., amicus curiae, for the State of Texas.

Before COLEMAN, Chief Judge, KRAVITCH and HENDERSON, Circuit Judges.

COLEMAN, Chief Judge.

On January 4, 1967, Bruce Miller was arrested for robbery with firearms and has since been continuously in prison. Miller pleaded guilty to the charge but this was set aside because the trial court had not sufficiently apprised him of the possible punishment, Miller v. State, 424 S.W.2d 430 (Tex.Cr.App.1968). Upon remand, Miller stood trial and was convicted. This conviction was affirmed, Miller v...

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