Walter Thomas, Jr. v. W. J. Estelle, Director, Texas Department of Corrections

Appellant Walter Thomas filed an application for a writ of habeas corpus under 28 U.S.C.A. § 2254. Upon the recommendation of the United States magistrate the District Court denied the application, and Thomas appeals. We affirm in part and remand in part.

Appellant was arrested on a charge of robbery by assault. Soon thereafter, an attorney was appointed to represent him. This attorney, however, withdrew from the case, because appellant had informed him that his parents were attempting to retain counsel. At a pretrial hearing two days before the trial, “retained” counsel announced that he…