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EVANS v. CABANA

No. 87-4489.

821 F.2d 1065 (1987)

Connie Ray EVANS, Petitioner-Appellant, v. Donald A. CABANA, Commissioner, Mississippi Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 6, 1987.

Attorney(s) appearing for the Case

Shirley Payne, Jackson, Miss., Stephen M. Latimer, East Brunswick, N.J., for Evans.

Edwin Lloyd Pittman, Atty. Gen., Marvin L. White, Jr., Asst. Atty. Gen., Jackson, Miss., for Cabana.

Before GEE, RANDALL and DAVIS, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Connie Ray Evans seeks a stay of execution and a certificate of probable cause to appeal the district court's denial of his second petition for federal habeas corpus. Evans' execution is set for July 8, 1987. Evans raised two issues in his latest habeas petition: (1) that black jurors were impermissibly excluded from his petit jury in violation of Swain v. Alabama, 380 U.S. 202, 85 S.Ct. 824, 13...

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