William James Rummel v. W. J. Estelle, Jr., Director, Texas Department of Corrections

This court en banc has disposed of petitioner’s assertion that his sentence violated the eighth amendment. The responsibility for determining Rummel’s second contention that he was denied effective assistance of counsel for his defense has been remanded to the panel. 587 F.2d 651 at 662.

Two attorneys represented Rummel in connection with the state charges. The first was appointed approximately one month prior to the trial, and the second, whose effectiveness is not challenged, was appointed on the date of thé trial to assist the first. Rummel asserts that his first appointed attorney failed…