Jerry Lane Jurek v. W. J. Estelle, Jr., Director, Texas Dept. Of Corrections

GOLDBERG, Circuit Judge:

On February 2, 1974, in Cuero, Texas, Jerry Lane Jurek was convicted of capital murder and sentenced to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence. 522 S.W.2d 934 (Tex.Cr.App.1975). The Supreme Court of the United States also affirmed, 428 U.S. 262, 96 S.Ct. 2950, 49 L.Ed.2d 929 (1976). Jurek’s execution was set for January 19, 1977. On January 17, 1977, Jurek’s execution was stayed and he petitioned for a writ of habeas corpus in the United States District Court for the Southern District of Texas. After a hearing, that court ruled…