BELL v. LYNAUGH

No. 88-2966.

858 F.2d 978 (1988)

Walter BELL, Jr., Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 13, 1988.


Attorney(s) appearing for the Case

Edward M. Chikofsky, New York City, Eden Harrington, Capital Punishment Clinic, Univ. of Texas School of Law, Austin, Tex., for petitioner-appellant.

Jim Mattox, Atty. Gen., Robert Walt, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before POLITZ, WILLIAMS, and JONES, Circuit Judges.


EDITH H. JONES, Circuit Judge:

Less than one week before his scheduled execution date of October 14, 1988, petitioner Walter Bell has commenced his third attempt to secure a writ of habeas corpus in the state courts (the second such petition in our Court). The federal district court denied relief principally for abuse of the writ. Further, it refused to issue a certificate of probable cause to appeal, which may only be granted if a petitioner makes a "substantial...

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