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MOORE v. ESTELLE

No. 81-1241.

670 F.2d 56 (1982)

Mark Milton MOORE, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

March 12, 1982.

Attorney(s) appearing for the Case

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

James P. Finstrom, Dallas, Tex., for petitioner-appellee.

Jack Greenberg, Joel Berger, New York City, Anthony G. Amsterdam, Stanford, Cal., for amicus curiae (NAACP Legal Defense & Ed. Fund, Inc.)

Before BROWN, GOLDBERG and GEE, Circuit Judges.

GEE, Circuit Judge:

Again, as we did in Burns v. Estelle,1 we confront a hideous and unprovoked murder; again, as in Burns, Witherspoon v. Illinois2 and its progeny are in play; and again, as in Burns, we are forced to hold invalid a capital sentence which, given the limits of our merely human understanding, this brutal shotgun slaying of a helpless...

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