GHOLSON v. ESTELLE

No. 79-3988.

675 F.2d 734 (1982)

Selwyn Barry GHOLSON and Larry Joe Ross, Petitioners-Appellees, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 14, 1982.


Attorney(s) appearing for the Case

Anita Ashton, Douglas M. Becker, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Jay Topkis, Ronald Meister, New York City, Court-appointed, for Gholson.

Barrington D. Parker, Jr., New York City, Court-appointed, for Ross.

Before DYER, SAM D. JOHNSON and WILLIAMS, Circuit Judges.


SAM D. JOHNSON, Circuit Judge:

On March 5, 1975, defendants/appellees — Selwyn Barry Gholson and Larry Joe Ross — were convicted of capital murder by a jury in Bell County, Texas. Both men were sentenced to death. Their convictions were affirmed and they exhausted their state remedies.

On April 21, 1978, they petitioned the federal district court for a writ of habeas corpus to set aside the death sentences and the district court stayed defendants...

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