Court of Appeals for the Fifth Circuit March 23, 1981, 78-1346 (Antonio Perez v. Louie L. Wainwright, Secretary, Department of Offender Rehabilitation)

ALVIN B. RUBIN, Circuit Judge:

Retained counsel for Perez failed to perfect an appeal of Perez’s state court conviction after promising to do so and falsely stating in open court at the time judgment was rendered that an appeal had already been filed. Based on this dereliction, Perez sought habeas corpus. Our original decision denied relief because we were bound by

Fitzgerald v. Estelle,

505 F.