HACKATHORN v. DECKER

No. 30157.

438 F.2d 1363 (1971)

Carl Junior HACKATHORN, Petitioner-Appellant, v. J. E. (Bill) DECKER, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1971.


Attorney(s) appearing for the Case

Phil Burleson, Dallas, Tex., for petitioner-appellant.

Henry Wade, Dist. Atty., John B. Tolle, Asst. Dist. Atty., Dallas, Tex., for respondent-appellee.

Before JONES, BELL, and SIMPSON, Circuit Judges.


BELL, Circuit Judge:

This appeal arises from a collateral attack by a state prisoner on a death sentence conviction. The original trial was in 1963. Typical of death row cases where the defendant has been long imprisoned, substantial changes have occurred in the law and in some instances, as here, these supervening legal principles are to be retroactively applied and thus redound to the benefit of the prisoner.

Here appellant claims the benefit of two decisions...

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