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BAKER v. ESTELLE

No. 82-2318.

711 F.2d 44 (1983)

Billy Edward BAKER, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 1, 1983.

Attorney(s) appearing for the Case

Richard W. Rogers, III, Corpus Christi, for petitioner-appellant.

Brenda K. Smith, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before INGRAHAM, WILLIAMS and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Billy Edward Baker was charged with the 1978 shooting of Dewey Tucker in Aransas Pass, Texas. In October 1978, Baker was found guilty of murder, but the jury was unable to reach a verdict on punishment and the trial court judge declared a mistrial without objection. In March 1979, Baker was again found guilty of murder and was sentenced to fifteen years imprisonment. Although no direct appeal was taken, the Texas Court of Criminal Appeals upheld the validity...

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