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GREEN v. ESTELLE

No. 82-2324.

712 F.2d 995 (1983)

Randy Glenn GREEN, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 22, 1983.

Attorney(s) appearing for the Case

Joel Berger, Jack Greenberg, Anthony G. Amsterdam, NAACP Legal Defense & Education Fund, New York City, for petitioner-appellant.

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

Before REAVLEY, GARWOOD and JOLLY, Circuit Judges.

ON SUGGESTION FOR REHEARING EN BANC

REAVLEY, Circuit Judge:

In our original decision at 706 F.2d 148 we held that Texas would not apply a procedural bar to the merits of Green's claims, that psychiatrists' testimony at the penalty phase of his trial violated his Fifth and Sixth Amendment rights under Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981), and that the...

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