David Earl Miller v. W. J. Estelle, Jr., Director, Texas Department of Corrections

GARZA, Circuit Judge:

The sole issue raised on this appeal is whether or not appellant, David Earl Miller, was denied his right to a fair trial by virtue of third party contacts with several members of his jury. We find he was not, and reverse the district court’s grant of the Great Writ.

The crime involved was aggravated rape. 1 On March 21,1975, at approximately 7:30 p. m., the victim, a 25 year-old DMT transcriber for the Environmental Protection Agency, was awaiting a bus to take her home after visiting a beauty salon. While she was waiting, appellant, a young black male, twice cruised by…