JOHNSON v. ESTELLE

No. 79-3647.

625 F.2d 75 (1980)

Lee Otis JOHNSON, Petitioner-Appellee, v. W. J. ESTELLE, Jr. and R. M. Cousins, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 6, 1980.


Attorney(s) appearing for the Case

Douglas M. Becker, Asst. Atty. Gen., Austin, Tex., for respondents-appellants.

Brady Coleman, Austin, Tex., for petitioner-appellee.

Before CHARLES CLARK, TJOFLAT and GARZA, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 6, 1980.

PER CURIAM:

The issue in this appeal is whether habeas corpus relief should be governed by form or substance. The latter, of course, must control.

The petitioner, Lee Otis Johnson, was indicted for burglary on October 10, 1974. His trial was scheduled to commence in the 174th Criminal District Court for Harris County, Texas, on April 15, 1975. On Friday afternoon, April 11, 1975, Johnson filed...

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