Charles William Bass v. W.J. Estelle, Jr., Director, Texas Department of Corrections

GEE, Circuit Judge:

In his motion for rehearing, Bass contends that three Texas decisions handed down since submission of this appeal abolish the state’s'contemporaneous objection rule as to jurors wrongfully excluded under the provisions of state law, Vernon’s Texas Penal Code Section 12.31(b), prior to the Supreme Court’s decision in Adams v. Texas, 448 U.S. 38, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980), and that, in any event, since that rule is not strictly and regularly applied we should disregard it. The decisions relied on by Bass do not go so far as he would like. Examination of them makes…