HAMILTON v. COLLINS

No. 90-2551.

905 F.2d 825 (1990)

Alexzene HAMILTON, As Natural Mother and Next Friend to James Edward Smith, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 25, 1990.


Attorney(s) appearing for the Case

Ray Donley, Scott, Douglass & Luton, Eden E. Harrington, Austin, Tex., for petitioner-appellant.

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

Before GEE, GARWOOD, and WIENER, Circuit Judges.


ORDER:

Petitioner-Appellant Alexzene Hamilton (Hamilton), the mother and purported next friend of James Edward Smith (Smith), seeks a stay of Smith's execution, presently set for 12:01 a.m., June 26, 1990, and appeals the district court's orders of June 24, 1990 dismissing Hamilton's habeas petition for lack of standing and denying reconsideration. On June 25, 1990, the district court granted Hamilton's request for certificate of probable cause but denied the request...

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