WOMACK, J., dissenting. Although I agree with the court’s opinion (Parts I and II, ante) that the applicant’s failure to appeal does not prevent his seeking relief by the writ of habeas corpus, I would defer to the district judge’s factual conclusion that the applicant failed to prove that Judge Baraka prejudged his punishment. I agree with the “Burden of Proof’ portion of Judge Keasler’s opinion (p…
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