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CLARK v. BLACKBURN

Civ. A. Nos. 81-262, 81-895.

524 F.Supp. 1248 (1981)

Colin CLARK, Petitioner, v. Frank C. BLACKBURN, et al., Respondents. Jean BEAVANS, Individually and as Next Friend Acting on Behalf of Colin Clark v. Ross MAGGIO, et al., Respondent, and the Attorney General of the State of Louisiana, William J. Guste, Jr., Additional Respondent.

United States District Court, M. D. Louisiana, Civil Division.

Statement of Reasons for Declining to Issue Certificate of Probable Cause for Appeal October 30, 1981.

Attorney(s) appearing for the Case

Terrance J. Powers, American Civil Liberties Union of America, New Orleans, La., for plaintiffs.

Kay Kirkpatrick, John Sinquefield, Asst. Dist. Attys., Patrick Quinlan, Asst. Atty. Gen., Baton Rouge, La., for defendants.

JOHN V. PARKER, Chief Judge.

This application for a stay of execution of a sentence of death was filed in the evening hours of the last day of the grace period provided for out-of-time appeals by Rule 4(a)(5) of the Fed.R.App.P. It brings to mind the words of Justice Rehnquist in his chambers opinion in Evans v. Bennett, 440 U.S. 1301, 99 S.Ct. 1481, 59 L.Ed.2d 756 (1979):

"... There may be very good reasons for the delay, but there is also undoubtedly...

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