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WHITE v. ESTELLE

No. 81-1087.

669 F.2d 973 (1982)

Robert Lee WHITE, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 15, 1982.

Attorney(s) appearing for the Case

Robert M. Brown, Court-appointed, Lubbock, Tex., for petitioner-appellant.

Mark White, Atty. Gen., Gerald C. Carruth, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, GEE and GARWOOD, Circuit Judges.

GEE, Circuit Judge:

This appeal concerns the proper standard of review as applied to a state court jury verdict of competency prior to criminal proceedings. Appellant White was convicted of capital murder by a Texas state court and sentenced to life imprisonment. He was afforded a competency hearing before trial pursuant to Tex.Code Crim.Pro. art. 46.02 (Vernon). A jury found White competent to stand trial, and the Texas Court of Criminal Appeals affirmed White's...

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