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BURNS v. ESTELLE

No. 78-3109.

592 F.2d 1297 (1979)

James Paul BURNS, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, and Robert Cousins, Warden, Ellis Unit, Texas Department of Corrections, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

April 11, 1979.

Attorney(s) appearing for the Case

Richard J. Clarkson, Beaumont, Tex., for petitioner-appellant.

Joel Berger, Legal Defense Fund and Educational Fund, Inc., NAACP, New York City, for amicus curiae.

John L. Hill, Atty. Gen., Anita Ashton, Asst. Atty. Gen., Austin, Tex., for respondents-appellees.

Before GEE and VANCE, Circuit Judges, and HUNTER, District Judge.

GEE, Circuit Judge:

Witherspoon v. Illinois1 and its progeny form the legal terrain of this difficult and distressing case. Its factual merits are not involved, so that — mercifully — we are spared recounting the pitiful details of the gross and brutal murder which the evidence amply shows this habeas petitioner committed. The only points before us concern the manner in which...

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