Greely Kallie v. W. J. Estelle, Director, Texas Department of Corrections

*589THORNBERRY, Circuit Judge:

This appeal comes from the district court’s denial, of habeas corpus relief to a Texas prisoner who alleges that the actions of his retained attornéy violated his right to effective assistance of counsel on appeal. Judge Singleton ruled for the state only because he felt himself bound by prior decisions of this court holding that “when a retained counsel is ineffective there must be some state action before a defendant’s Sixth Amendment rights are violated.” Kallie v. Beto, S.D.Tex.1973, 353 F.Supp. 966, 967. Finding no state action as defined by this court, the…