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BYRNE v. BUTLER

Nos. 87-4687, 87-4708.

845 F.2d 501 (1988)

Edward R. BYRNE, Jr., Petitioner-Appellee, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary, Respondent-Appellant. Edward R. BYRNE, Jr., Petitioner-Appellant, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 2, 1988.

Certiorari Denied June 30, 1988.

Attorney(s) appearing for the Case

Henry N. Brown, Jr., Dist. Atty., 26th Judicial Dist. Court of La., Benton, La., for respondent-appellant Butler.

Amanda Potterfield, Nancy A. Baumgartner, Richard E. Klausner, Cedar Rapids, Iowa, James H. Carter, Bossier City, La., for petitioner-appellee Byrne.

Before RUBIN, KING and HIGGINBOTHAM, Circuit Judges.

Rehearing Denied in No. 87-4708 June 2, 1988.

Certiorari Denied June 30, 1988. See 108 S.Ct. 2918.

KING, Circuit Judge:

Edward R. Byrne, Jr., a state prisoner under a sentence of death, moves this court for a certificate of probable cause to appeal the district court's denial of his petition for a writ of habeas corpus. In addition, the state of Louisiana asks us to vacate the stay of execution granted by the district court. Finding that Byrne has...

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