Walter Thomas, Jr. v. Dr. George J. Beto, Director, Texas Department of Corrections

For the second time Thomas appeals from an order of the district court denying his petition for the writ of habeas corpus. 1 Again we vacate and remand.

Thomas filed a “First Amended Original Petition” after the case was remanded by us in which he added an allegation to the effect that the prosecutor displayed his criminal record to the jury during a trial recess. It appears that the district court denied his amended petition in reliance on a magistrate’s report that Thomas had not exhausted his state remedies on the added claim.

The record reflects, however, that Thomas has raised this issue…