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MILLER v. ESTELLE

No. 81-1285.

677 F.2d 1080 (1982)

David Earl MILLER, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing and Rehearing August 18, 1982.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., Gilbert J. Pena, Brenda K. Smith, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Ernest E. Figari, Jr., (Ct.-Apptd.), Tom Graves, Dallas, Tex., for petitioner-appellee.

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

As Modified on Denial of Rehearing and Rehearing En Banc August 18, 1982.

GARZA, Circuit Judge:

The sole issue raised on this appeal is whether or not appellant, David Earl Miller, was denied his right to a fair trial by virtue of third party contacts with several members of his jury. We find he was not, and reverse the district court's grant of the Great Writ.

The crime involved was aggravated rape.1 On March 21, 1975...

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