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PROFITT v. WALDRON

No. 87-1014.

831 F.2d 1245 (1987)

Gary LeRoy PROFITT, Petitioner-Appellant, v. George R. WALDRON, Warden, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

October 27, 1987.

Attorney(s) appearing for the Case

Michael T. McGann, Jack R. Bailey, Law Offices of Jack R. Bailey, Houston, Tex., for petitioner-appellant.

S. Michael Bozarth, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondents-appellees.

Before WISDOM, GEE and RANDALL, Circuit Judges.

GEE, Circuit Judge:

Gary LeRoy Profitt appeals the district court's denial of habeas relief. We conclude that Profitt's right to effective assistance of counsel was violated at the time of his trial for aggravated rape in 1976. Accordingly, we vacate the decision of the district court and remand with directions to grant the writ unless the State elects to re-try Profitt within a reasonable time to be fixed by the trial court...

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