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ESQUIVEL v. McCOTTER

No. 86-2411.

791 F.2d 350 (1986)

Rudy Ramos ESQUIVEL, Petitioner-Appellee, v. O.L. McCOTTER, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 7, 1986.

Attorney(s) appearing for the Case

J. Thomas Sullivan, Southern Methodist University Appellate Clinic, School of Law, Dallas, Tex., for respondent-appellant.

Jim Mattox, Atty. Gen., Paula Offenhauser, Asst. Atty. Gen., Austin, Tex., for petitioner-appellee.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

This matter is before the court on the motion of O.L. McCotter, Director, Texas Department of Corrections, asking that we vacate the order entered by the district court for the Southern District of Texas on June 6, 1986, staying the execution of Rudy Ramos Esquivel scheduled for June 9, 1986. After considering the filings by the parties, the pertinent parts of the state trial record, the prior opinions of the courts, the latest order of the...

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