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CLOUD v. THOMAS

No. 79-3368.

627 F.2d 742 (1980)

Emmett Eugene CLOUD, Jr., Petitioner-Appellant, v. Carl THOMAS, Sheriff, Dallas County, Texas, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 13, 1980.

Attorney(s) appearing for the Case

Malcolm Dade, Dallas, Tex., for petitioner-appellant.

Stephen James Wilensky, Dallas, Tex., for defendant-appellee.

Before RUBIN, HENDERSON and REAVLEY, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge.

Emmett Eugene Cloud, Jr. was arrested in the steam room of a Dallas health studio on a charge of public lewdness and convicted by a Texas jury. The prosecution's case rested entirely on the testimony of a single witness, the arresting officer. Cloud's petition for habeas corpus asserts that the trial judge's refusal to permit cross-examination of the officer concerning a prior incident that had resulted in the officer's suspension violated...

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