Prado McGee Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections

This case comes before our panel on remand from the en banc court. McGee v. Estelle, 722 F.2d 1206 (5th Cir.1984) (en banc). In our prior opinion, McGee v. Estelle, 704 F.2d 764 (5th Cir.1983), a majority of the panel voted to vacate the judgment of the district court and to remand this case with instructions that Prado McGee’s section 2254 habeas corpus petition be dismissed. The majority believed that this result was required because of McGee’s failure to exhaust state remedies with respect to the constitutional claims he sought to present in his habeas petition. Following the issuance of…