McDONALD v. ESTELLE

No. 76-1576 Summary Calendar.

564 F.2d 199 (1977)

Bufford Lenell McDONALD, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 8, 1977.


Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Patrick P. Rogers, Asst. Atty. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Joe B. Dibrell, Chief, Enforcement Div., Asst. Atty. Gen., Max P. Flusche, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

James D. Durham, Jr., Amarillo, Tex., (court-appointed) for petitioner-appellee.

Before THORNBERRY, CLARK and TJOFLAT, Circuit Judges.


PER CURIAM:

In the district court the petitioner was granted federal habeas corpus relief from a sodomy conviction in the State of Texas. The basis for relief stemmed from the state's use of a prior uncounseled conviction against the petitioner at the punishment stage of his bifurcated trial. This prejudicial evidence was not objected to by petitioner's trial counsel as required by the Texas contemporaneous objection rule. We affirmed that grant of relief on the basis...

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