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HENSON v. ESTELLE

Nos. 79-3220, 80-1493.

641 F.2d 250 (1981)

John Wesley HENSON, Petitioner-Appellee, v. W. J. ESTELLE, Jr. etc., Respondent-Appellant. John Wesley HENSON, Petitioner-Appellant, v. W. J. ESTELLE, Jr. etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied April 29, 1981.

Attorney(s) appearing for the Case

Allan Van Fleet, Houston, Tex., for Henson.

Charles A. Sharman, Asst. Atty. Gen., Austin, Tex., for Estelle.

Before BROWN, COLEMAN and GEE, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 29, 1981.

COLEMAN, Circuit Judge.

These cases were orally argued in New Orleans on December 10, 1980. We decide them in a consolidated opinion. What we have here is another example of efforts, long after the event, to undo a state criminal conviction — one in 1948, the other in 1960.

Facts Relevant to Both Cases

John Wesley Henson, the habeas corpus applicant, is serving concurrent...

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