Tommy Potts v. W. J. Estelle, Director, Texas Department of Corrections

THORNBERRY, Circuit Judge:

Appellant Tommy Potts was convicted by a jury of murder and sentenced to twenty-five years in the custody of the Texas Department of Corrections. His conviction was affirmed on direct appeal by the Texas Court of Criminal Appeals. See Potts v. State, 500 S.W.2d 156 (Tex. Cr.App.1973). Appellant’s subsequent application for state habeas corpus relief was denied by the trial court without a hearing, and this denial was affirmed per curiam by the Court of Criminal Appeals. Appellant then filed a section 2254 habeas petition in federal district court. See 28 U.S.C. §…