GREEN v. ESTELLE

No. 82-2324 Summary Calendar.

706 F.2d 148 (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.

Rehearing and Rehearing Denied August 22, 1983.


Attorney(s) appearing for the Case

Charles W. Medlin, Houston, Tex., Joel Berger, NAACP Legal Defense & Educ. Fund, Jack Greenberg, Anthony G. Amsterdam, New York City, for petitioner-appellant.

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

Before REAVLEY, GARWOOD and JOLLY, Circuit Judges.


Rehearing and Rehearing En Banc Denied August 22, 1983.

PER CURIAM:

Petitioner Green attacks his death sentence on the ground that psychiatrists' testimony at the penalty phase violated Fifth and Sixth Amendment rights under Estelle v. Smith, 451 U.S. 454, 101 S.Ct. 1866, 68 L.Ed.2d 359 (1981). The district court denied the writ on the ground that petitioner waived his right to assert the claim by collateral attack, because...

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