CAMARILLO v. ESTELLE

No. 81-1184 Summary Calendar.

670 F.2d 473 (1981)

Hector NUNEZ CAMARILLO, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 30, 1981.


Attorney(s) appearing for the Case

Joe Foy, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

P. Joseph Brake, Asst. Fed. Public Defender, San Antonio, Tex., for petitioner-appellee.

Before GEE, GARZA and TATE, Circuit Judges.


TATE, Circuit Judge:

The respondent-appellant, W. J. Estelle, Jr., Director of the Texas Department of Corrections, appeals a district court order granting habeas corpus relief to the petitioner, Hector Nunez Camarillo. Without holding an evidentiary hearing, the district court granted the writ, based on the conclusion that Nunez had been denied the effective assistance of counsel. We vacate and remand for an evidentiary...

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