Ira Nash, Jr. v. W. J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

CHARLES CLARK, Circuit Judge:

Ira Nash, Jr., was convicted in a jury trial of murder with malice and sentenced to imprisonment for one hundred years. The district court, without holding an evidentiary hearing, granted Nash’s petition for a writ of habeas corpus on the grounds that a written confession introduced against Nash had been obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1964). A panel of this court reversed the grant of habeas corpus in a 2-1 decision. Nash v. Estelle, 560 F.2d 652 (5th Cir. 1978). On rehearing en banc, we reverse the grant…