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BAILEY v. PROCUNIER

No. 83-2420.

744 F.2d 1166 (1984)

James McNeill BAILEY, Petitioner-Appellant, v. Raymond K. PROCUNIER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 29, 1984.

Attorney(s) appearing for the Case

Michael J. Whitten, Denton, Tex. (Court-appointed), for petitioner-appellant.

Jim Mattox, Atty. Gen. of Tex., Paula Offenhauser, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before JOHNSON, JOLLY and DAVIS, Circuit Judges.

JOHNSON, Circuit Judge:

Petitioner James McNeill Bailey is a Texas state prisoner currently serving a life sentence based upon his conviction for the murder of Imogene McNeill Apple. His conviction was affirmed by the Texas Court of Criminal Appeals. Bailey v. State, 532 S.W.2d 316 (1975). After exhausting his state remedies, Bailey filed a petition for federal habeas corpus relief pursuant to 28 U.S.C. § 2254 alleging...

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