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McGEE v. ESTELLE

No. 79-2865.

625 F.2d 1206 (1980)

James Earl McGEE, Petitioner-Appellant, v. W. J. ESTELLE, Jr., etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 17, 1980.

Attorney(s) appearing for the Case

Paul G. Johnson, Staff Counsel for Inmates, Texas Dept. of Corrections, Huntsville, Tex., Erik S. Goodman, Sugar Land, Tex., for petitioner-appellant.

Charles A. Sharman, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before TJOFLAT, POLITZ and HATCHETT, Circuit Judges.

HATCHETT, Circuit Judge:

We must determine when an adversary judicial criminal proceeding begins in Texas. James Earl McGee, a Texas state prisoner serving a sentence for armed robbery, appeals a denial of his habeas corpus petition, 28 U.S.C. § 2254. McGee contends that his criminal prosecution began at the time of his pretrial lineup, held on the day of his arrest, and that he, therefore, had a constitutional right to have appointed counsel present at his lineup...

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