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YOUNG v. LYNAUGH

No. 86-2064.

821 F.2d 1133 (1987)

James Ray YOUNG, Petitioner-Appellee, v. James A. LYNAUGH, Interim Director Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 20, 1987.

Attorney(s) appearing for the Case

Charles A. Palmer, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellant.

Maury Hexamer, Sherman, Tex. (court-appointed), for petitioner-appellee.

Before GOLDBERG, RUBIN and POLITZ, Circuit Judges.

GOLDBERG, Circuit Judge:

After many years of seeking relief from an allegedly involuntary guilty plea to a 1963 burglary charge, Petitioner James Ray Young obtained from the district court a writ of habeas corpus. Young claimed to receive not merely ineffective assistance of counsel, but no assistance whatever regarding his plea. Below and on appeal, the state has played procedural football, urging the federal judiciary...

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