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BROOKS v. ESTELLE

No. 82-1613.

702 F.2d 84 (1983)

Charlie BROOKS, Jr., Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 7, 1983.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, Jay Topkis, Eric M. Freedman, Michael G. Carey, Matthew E. Fishbein, Eleanor G. Ostrow, Jack Greenberg, Joel Berger, Anthony G. Amsterdam, N.Y., Univ. School of Law, New York City, for petitioner-appellant.

Gerald H. Goldstein, San Antonio, Tex., for amicus curiae TCLU.

Mark White, Atty. Gen., Leslie A. Benitez, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Frederick M. Schattman, C. Chris Marshall, Asst. Dist. Attys., Fort Worth, Tex., for amicus curiae Tim Curry, Crim. Dist. Atty.

Before RUBIN, JOHNSON, and WILLIAMS, Circuit Judges.

PER CURIAM:

Petitioner Charlie Brooks, Jr. was executed by lethal injection on December 7, 1982. His execution followed a series of unsuccessful applications to the U.S. District Court for the Northern District of Texas, to this court, and to the U.S. Supreme Court for a stay of execution pending appeal of the denial of a writ of habeas corpus.

On November 9, 1982, the U.S. District Court for the Northern District of Texas issued Brooks a certificate of probable...

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