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MILTON v. McCOTTER

No. 85-1401.

765 F.2d 434 (1985)

Charles MILTON, Petitioner-Appellant, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 24, 1985.

Attorney(s) appearing for the Case

Richard Alley, Fort Worth, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen. of Tex., Paula C. Offenhauser, Austin, Tex., for respondent-appellee.

Before BROWN, TATE, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Charles Milton files this his second federal habeas attack upon his Texas state court conviction for capital murder and resulting death sentence from which he seeks a stay of execution. In Milton's first habeas trip, we set out the procedural history of his case:

Milton was convicted of capital murder by a Fort Worth jury which then answered the three death penalty questions required by Article 37.07(b), Tex.Code Crim.Proc.Ann. The conviction...

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