LACKEY v. SCOTT

MO-95-CA-68-F.

885 F.Supp. 958 (1995)

Clarence Allen LACKEY, Petitioner, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent.

United States District Court, W.D. Texas, Midland-Odessa Division.

April 21, 1995.


Attorney(s) appearing for the Case

Robert C. Owen, Brent E. Newton, Rita J. Radostitz, Texas Resources Center, Austin, TX, for plaintiff.

Dan Morales, John Jacks, Atty. Gen., Austin, TX, for defendant.


MEMORANDUM OPINION AND ORDER

FURGESON, District Judge.

This day the court considered Petitioner's Motion for Stay of Execution. For the following reasons, the court grants this Motion.

Clarence Allen Lackey's claim is an unusual one and comes to this court in an unusual posture. While the Supreme Court has refused to review three different petitions for writ of certiorari from Lackey, he did achieve something of a breakthrough on...

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