JACKSON v. ESTELLE

No. 81-1328 Summary Calendar.

672 F.2d 505 (1982)

Billy Don JACKSON, Plaintiff-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 8, 1982.


Attorney(s) appearing for the Case

Curtis C. Mason, Staff Counsel for Inmates, Texas Dept. of Corr., Huntsville, Tex., for plaintiff-appellant.

Douglas M. Becker, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Before BROWN, POLITZ and WILLIAMS, Circuit Judges.


POLITZ, Circuit Judge:

Billy Don Jackson appeals the denial of habeas relief, sought under 28 U.S.C. § 2254, from his sentence following conviction in Texas state court for robbery with firearms. Jackson's first trial resulted in a hung jury; he successfully moved for a mistrial. A second trial six weeks later concluded with a verdict of guilty and a sentence of imprisonment for 25 years.

Jackson was represented by the same retained counsel in both trials...

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