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MARTIN v. ESTELLE

No. 82-2155. Summary Calendar.

691 F.2d 202 (1982)

John S. MARTIN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas State Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied November 17, 1982.

Attorney(s) appearing for the Case

Robert E. Richardson, Jr., Sherman, Tex., for petitioner-appellant.

Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEE, RANDALL and TATE, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 17, 1982.

PER CURIAM:

This habeas appeal arises out of a state conviction for felony theft. The defendant, John Martin, claims that his conviction violates the collateral estoppel component of the guarantee against double jeopardy, see Ashe v. Swenson, 397 U.S. 436, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970). Because we decide that a rational jury could have acquitted the defendant...

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