James Earl McGee v. W. J. Estelle, Jr., Etc.

HATCHETT, Circuit Judge:

We must determine when an adversary judicial criminal proceeding begins in Texas. James Earl McGee, a Texas state prisoner serving a sentence for armed robbery, appeals a denial of his habeas corpus petition, 28 U.S.C. § 2254. McGee contends that his criminal prosecution began at the time of his pretrial lineup, held on the day of his arrest, and that he, therefore, had a constitutional right to have appointed counsel present at his lineup. He also contends that the pretrial identification testimony and in-court identification testimony was inadmissible. The trial…