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HOLLAND v. COLLINS

No. 91-5093.

950 F.2d 169 (1991)

David Lee HOLLAND, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 17, 1991.

Attorney(s) appearing for the Case

David Chamberlain, Lea & Chamberlain, Austin, Tex. (Court-appointed), for petitioner-appellant.

Dan Morales, Atty. Gen., and William C. Zapalac, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before POLITZ, KING and SMITH, Circuit Judges.

BY THE COURT:

Before the court is an application for a certificate of probable cause and stay of execution in David Lee Holland's first federal habeas petition. The stay of execution is GRANTED pending this court's en banc decision in Graham v. Collins, No. 88-2168 on the docket of this court.

JERRY E. SMITH, Circuit Judge, dissenting:

I respectfully dissent from the decision of my able and conscientious colleagues to grant a stay of execution in this...

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