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HART v. ESTELLE

No. 80-1079.

634 F.2d 987 (1981)

Max Wayne HART, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

January 22, 1981.

Attorney(s) appearing for the Case

Douglas M. Becker, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Ament & Dixon, LeRue Dixon, III and John S. Ament, Jacksonville, Tex., for petitioner-appellee.

Before BROWN, THORNBERRY and WILLIAMS, Circuit Judges.

PER CURIAM:

The State of Texas appeals District Court's grant of § 2255 relief to petitioner, Max Wayne Hart. The State alleges (i) Hart failed to exhaust his State post-conviction relief remedies and (ii) District Court's finding Hart was incompetent at the time he entered his guilty plea was clearly erroneous.

Hart was originally tried for two felony offenses of theft by check in state district court on June 3, 1976. The state trial court accepted Hart...

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