Franklin David Passmore v. W. J. Estelle, Jr., Director, Texas Department of Corrections

I was so appalled by the filing of a one-line brief by retained counsel in a criminal appeal that I concurred in the prior opinion in this case, reported at 594 F.2d 115. Upon it being brought to the attention of the panel that we were in conflict with the decision of another panel, Perez v. Wainwright, 594 F.2d 159 (5th Cir.), rendered almost simultaneously and which we did not know about, the above revised opinion is being issued, authored by Judge Ingraham and concurred in by Judge Godbold.

I concur in this opinion because it directs only that Passmore be given an out of time appeal. If his…