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PLUNKETT v. ESTELLE

No. 82-1096.

709 F.2d 1004 (1983)

Larry PLUNKETT, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied September 30, 1983.

Attorney(s) appearing for the Case

Danny C. Burns, Fort Worth, Tex., for petitioner-appellant.

Mark White, Atty. Gen., Maury Hexamer, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, GOLDBERG and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 30, 1983.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I.

This is an appeal from a denial without an evidentiary hearing of a state prisoner's habeas petition. Convicted of the murder of a two year-old child, petitioner brings to this court two errors assertedly of constitutional dimension. Finding merit, we reverse.

An autopsy of two year-old April Dawn Peters found extensive bruising over virtually...

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