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KING v. LYNAUGH

No. 89-2276.

868 F.2d 1400 (1989)

Leon Rutherford KING, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 21, 1989.

Attorney(s) appearing for the Case

Robert L. McGlasson, Eden E. Harrington, Austin, Tex., for petitioner-appellant.

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

Before RUBIN, JOHNSON and JONES, Circuit Judges.

PER CURIAM:

Less than one week before his scheduled execution date of March 22, 1989, petitioner Leon Rutherford King has commenced his second petition to secure a writ of habeas corpus in the state and federal courts. The federal district court denied relief. The district court also refused to issue a certificate of probable cause to appeal, which may only be granted if a petitioner makes a "substantial showing of the denial of a federal right." Barefoot v. Estelle...

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