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BROOKS v. ESTELLE

No. 82-1613.

697 F.2d 586 (1982)

Charlie BROOKS, Jr., Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 6, 1982.

Attorney(s) appearing for the Case

Jay Topkis, Eric M. Freedman, Michael G. Carey, Matthew E. Fishbein, Eleanor G. Ostrow, Paul, Weiss, Rifkind, Wharton & Garrison, Jack Greenberg, Joel Berger, Anthony G. Amsterdam, New York City, for petitioner-appellant.

Gerald H. Goldstein, San Antonio, Tex., for amicus curiae, TCLU.

Leslie A. Benitez, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Frederick M. Schattman, Asst. Dist. Atty., C. Chris Marshall, Fort Worth, Tex., for amicus curiae, Tim Curry, Crim. Dist. Atty.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

PER CURIAM:

Five years ago, on December 3, 1977, Charlie Brooks, Jr., then 34 years of age, was convicted of the murder of David Gregory. The jury found that the conduct of Brooks that caused the death of the deceased was committed deliberately and with the reasonable expectation that the death of the deceased would result, and that there was a probability that Brooks who had previously been convicted of felonies four times, would commit criminal acts of violence...

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