specially concurring:
I concur in this scholarly opinion. Consistent with my views expressed by special concurrence in Harryman v. Estelle, 616 F.2d 870, 878-80 (5th Cir.), cert. denied, 449 U.S. 860, 101 S.Ct. 161, 66 L.Ed.2d 76 (1980), I should not have decided the constitutional issue in part V. Whether error or not, the admission of the evidence was no cause for reversal. The constitutional adjudication was not required. I find no fault in what Judge Johnson has written for us. It is instructive, even if unnecessary.