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McCOY v. LYNAUGH

No. 89-2502.

874 F.2d 954 (1989)

Stephen Albert McCOY, Petitioner-Appellant, v. James A. LYNAUGH, Director Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 22, 1989.

Attorney(s) appearing for the Case

Karen Zellars, Houston, Tex., for petitioner-appellant.

Robert S. Walt, Atty. Gen., Dana E. Parker, Asst. Atty. Gen., Enforcement Div., Austin, Tex., for respondent-appellee.

Before WILLIAMS, JONES, and SMITH, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Petitioner Stephen Albert McCoy was convicted of capital murder and sentenced to death. The district court denied his petition for writ of habeas corpus and stay of execution and declined to hold an evidentiary hearing. Before us are McCoy's motions for stay of execution and certificate of probable cause to appeal, the latter of which may only be granted if a petitioner makes a "substantial showing of the denial of a federal right."...

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