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ASPER v. ESTELLE

No. 82-1623. Summary Calendar.

709 F.2d 356 (1983)

Louis ASPER a/k/a Louis Esper, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 11, 1983.

Attorney(s) appearing for the Case

Michael R. Gibson, El Paso, Tex., for petitioner-appellant.

Nancy M. Simonson, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GEE, RANDALL and TATE, Circuit Judges.

TATE, Circuit Judge:

The petitioner Asper, a Texas state prisoner, applies for federal habeas relief. 28 U.S.C. § 2254. Asper appeals from the district court's dismissal of his complaint that he was unconstitutionally denied an effective appeal of his conviction solely because of his indigency. We affirm, finding no constitutional error in the state trial judge's refusal under the circumstances to credit Asper's self-serving but uncontradicted testimony as to...

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