Court of Appeals for the Fifth Circuit February 2, 1979, 76-4348 (Tules v. Zapata v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent)
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United States · · · 02-02-1979
PER CURIAM:
We write briefly en banc to resolve an arguable conflict of authority in this circuit on an issue material to this case. This narrow issue is whether, once a habeas petitioner has raised a substantial, threshold doubt about ,his competency at the time of his trial by clear and convincing evidence, he must at the ensuing hearing prove the fact of that incompetency as well by the
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