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PETTY v. McCOTTER

No. 84-1488. Summary Calendar.

779 F.2d 299 (1986)

Gregory Allen PETTY, Petitioner-Appellant, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 4, 1986.

Attorney(s) appearing for the Case

John R. Breihan (Court-appointed), Baker & Botts, Houston, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., William C. Zapalac, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, JOHNSON, and JONES, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 4, 1986.

ALVIN B. RUBIN, Circuit Judge:

Gregory Allen Petty, a state prisoner convicted of aggravated robbery, seeks a writ of habeas corpus on the ground that his counsel at the trial was ineffective. Without an evidentiary hearing, the district court dismissed this claim because Petty failed to allege that he suffered any specific prejudice as a result of his counsel's actions. On appeal, Petty sets out facts...

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