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SHAW v. MARTIN

No. 79-6819.

613 F.2d 487 (1980)

Joseph Carl SHAW, Petitioner, v. Joseph R. MARTIN, Warden, Central Correctional Institution, and Hon. Daniel R. McCleod, Attorney General for South Carolina, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided January 2, 1980.

Attorney(s) appearing for the Case

Dallas D. Ball, Kermit S. King, W. Thomas Vernon, William Gambrell, Columbia, S. C., Richard H. Burr, Nashville, Tenn., Richard Shapiro, New Orleans, La., John Charles Boger, New York City, for petitioner.

Brian Gibbes, Asst. Atty. Gen. Columbia, S. C., for respondents.

Before JAMES DICKSON PHILLIPS, Circuit Judge, Fourth Judicial Circuit.

JAMES DICKSON PHILLIPS, Circuit Judge:

This matter came before me at 8:00 A.M. on December 13, 1979, on the application of Joseph Carl Shaw for an order staying execution of the death sentence imposed upon him by the State of South Carolina and scheduled for 5:00 A.M., December 14, 1979. For reasons that follow I decided to grant the stay on certain conditions looking to the expeditious pursuit by Shaw of traditional avenues of post-conviction review in state and...

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