MARKS v. ESTELLE

No. 81-1323.

691 F.2d 730 (1982)

James Ellis MARKS, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 15, 1982.


Attorney(s) appearing for the Case

David Allan Eldridge, William J. Teitelbaum, Dallas, Tex., for petitioner-appellant.

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

Before CLARK, Chief Judge, GEE and GARZA, Circuit Judges.


CLARK, Chief Judge:

In this habeas corpus proceeding under 28 U.S.C. § 2254, James Ellis Marks seeks reconsideration of the life sentence he received pursuant to a 1976 state court conviction for aggravated robbery. He contends that the jury's consideration in the sentencing stage of that trial of two prior uncounselled misdemeanor convictions violated his sixth amendment rights.

The state filed two motions in district court in an effort to pretermit...

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