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LOVELACE v. LYNAUGH

No. 87-1065.

809 F.2d 1136 (1987)

Richard LOVELACE, Applicant and as Next Friend of Ramon Pedro Hernandez, Petitioner-Appellant, v. James A. LYNAUGH, Acting Director, Texas State Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 3, 1987.

Attorney(s) appearing for the Case

Richard Lovelace, American Civ. Liberties Union, El Paso, Tex., for petitioner-appellant.

Paula C. Offenhauser, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before POLITZ, WILLIAMS and JONES, Circuit Judges.

PER CURIAM:

Movant, Richard M. Lovelace, on January 29, 1987, sought a stay of execution on behalf of Ramon Pedro Hernandez. Lovelace has been Hernandez' court-appointed attorney who had served in the trial resulting in the capital sentence. After the trial Hernandez had requested to be permitted to proceed pro se, and when the sentencing took place in November 1986, Lovelace was allowed to withdraw as counsel.

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