Arlice J. Huffman and John F. Burns v. W. J. Estelle, Jr., Director, Texas Department of Corrections

This is an appeal from the denial of habeas corpus relief to two Texas prisoners, and denial of leave to proceed as a class action on behalf of themselves and “all others similarly situated.” Appellants contend that they were denied due process and equal protection of law when the Governor of Texas commuted their unconstitutional death sentences to 99 years imprisonment. In an appeal raising this same issue in an identical context, we have decided the question against the habeas corpus petitioner. Sellars v. Estelle, 536 F.2d 1104 (5th Cir. 1976). See Curry v. Estelle, 524 F.2d 981, 982 (5th…