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BATTIE v. ESTELLE

No. 79-1567.

655 F.2d 692 (1981)

Billy Joe BATTIE, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

September 11, 1981.

Attorney(s) appearing for the Case

Joe James Sawyer, Colorado Springs, Colo. (Court-appointed), for petitioner-appellant.

Joel Berger, New York City, amicus curiae, for NAACP Legal Defense and Educational Fund.

Anthony G. Amsterdam, Stanford Univ. Law School, Stanford, Cal., amicus curiae.

Leslie Benitez, Asst. Atty. Gen., Austin, Tex., for respondents-appellees.

Before AINSWORTH and HENDERSON, Circuit Judges, and HUNTER, District Judge.

AINSWORTH, Circuit Judge:

Billy Joe Battie, a Texas state prisoner under sentence of death, has appealed the district court's denial of his petition for a writ of habeas corpus. On appeal, petitioner raises only three of the numerous claims originally presented in his petition.1 Each ground challenges only petitioner's sentence of death and not his conviction. We withheld our decision in this case pending the decision of the Supreme Court...

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