Otis Ray Fitzgerald v. W. J. Estelle, Director Texas Department of Corrections ( 1975 )

LEWIS R. MORGAN, Circuit Judge,,

with whom THORNBERRY, Circuit Judge, joins (concuring in part and dissenting in part):

I would associate myself with Part I of the En Banc opinion of Judge Clark which would resolve the constitutional standards for the adjudication of claims of ineffective assistance of privately retained counsel.

Because I believe that Fitzgerald did not receive effective assistance of counsel, however, I would adhere to the original panel ruling^* granting him habeas corpus relief.

* Fitzgerald v. Beto, 479 F.2d 420 (5 Cir. 1973).