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McKINNEY v. ESTELLE

No. 80-2296.

657 F.2d 740 (1981)

Paul Abraham McKINNEY, Petitioner-Appellee, v. W. J. ESTELLE, Director Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

September 30, 1981.

Attorney(s) appearing for the Case

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

Mark A. Troy, Jr., Dallas, Tex., for petitioner-appellee.

Before CHARLES CLARK, TATE and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

This is an appeal by W. J. Estelle, Jr., Director of the Texas Department of Corrections, from the district court's judgment granting habeas corpus relief to Paul Abraham McKinney. He had been convicted in Texas state court. We reverse.

McKinney was indicted for statutory rape of his adopted daughter, Michelle, and pleaded not guilty to the charge. He was tried in 1971 before a jury in state district court in Dallas County...

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