Court of Appeals for the Fifth Circuit September 27, 1973, 73-2046 (Gary Del Glover v. W.J. Estelle, Director, Texas Department of Corrections)

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United States · · · 27-09-1973

PER CURIAM:

In its consideration of this state prisoner’s habeas petition, the district court neither held an evidentiary hearing nor had before it the record of petitioner’s trial, or at least the state record was not introduced into evidence.

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That court has thus failed to conduct its required independent inquiry into the petitioner’s constitutional claims. See Townsend v. Sain, 1963, 372 U.S.

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