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BABERS v. ESTELLE

No. 79-2388 Summary Calendar.

616 F.2d 178 (1980)

Robert Louis BABERS, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 13, 1980.

Attorney(s) appearing for the Case

Don D. Bush, Dallas, Tex., for petitioner-appellant.

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

Before GODBOLD, REAVLEY and ANDERSON, Circuit Judges.

PER CURIAM:

Appellant Robert Babers was convicted by a jury of the offense of rape, and was sentenced to 150 years confinement in the Texas Department of Corrections. On appeal, Babers' conviction was affirmed by the Texas Court of Criminal Appeals on November 15, 1972. After an unsuccessful state habeas application at which an evidentiary hearing was held, Babers brought a federal habeas petition which was dismissed for...

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