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AUTRY v. ESTELLE

No. 83-2053.

706 F.2d 1394 (1983)

James David AUTRY, 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 August 4, 1983.

Attorney(s) appearing for the Case

Provost, Umphrey & McPherson, Charles D. Carver, Port Arthur, Tex., for petitioner-appellant.

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

Before CLARK, Chief Judge, POLITZ and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 4, 1983.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

James David Autry asks that we set aside his death sentence imposed by a Texas court upon his conviction for murdering a clerk while attempting to rob a convenience store. Autry argues that in five respects the United States District Court was in error in refusing his petition for writ of habeas corpus: first, the state trial court wrongfully denied immunity to a...

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