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HAWKINS v. LYNAUGH

No. 88-1978.

862 F.2d 482 (1988)

Samuel Christopher HAWKINS, Petitioner-Appellee, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 10, 1988.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Clifford L. Harrison, Houston, Tex., for petitioner-appellee.

Before RUBIN, KING, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

I

By a warrant issued by the State of Texas, Samuel Christopher Hawkins is scheduled to be executed before the hour of sunrise on December 13, 1988 at the Texas Department of Corrections, Huntsville, Texas. On December 9, 1988, the United States District Court for the Northern District of Texas granted a stay of execution. The State of Texas urges this court to vacate that stay. As we will explain, we set aside the ruling of the district court...

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