NELSON v. ESTELLE

No. 79-3817.

642 F.2d 903 (1981)

Ronald Clyde NELSON, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A.

April 17, 1981.


Attorney(s) appearing for the Case

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

Erik S. Goodman, Staff Counsel for Inmates, Sugar Land, Tex., for petitioner-appellee.

Before BROWN, THORNBERRY and WILLIAMS, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

Third Time's A Charm

Appellant, Texas Department of Corrections, appeals from the District Court's granting of habeas corpus relief, 28 U.S.C.A. § 2254 to appellee, Ronald Clyde Nelson. Nelson was indicted on three counts for the sale of heroin and tried on a plea of not guilty in March of 1973. The state prosecution presented only two witnesses at trial — an undercover agent and a state chemist. In the course...

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