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GARRETT v. COLLINS

No. 92-1013.

951 F.2d 57 (1992)

Johnny Frank GARRETT, Petitioner-Appellee, v. James A. COLLINS, Director, Texas Department of Criminal Justice Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 6, 1992.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Margaret Portman Griffey, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Warren L. Clark, Amarillo, Tex., for petitioner-appellee.

Before HIGGINBOTHAM, DAVIS and JONES, Circuit Judges.

PER CURIAM:

James A. Collins, Director, Texas Department of Criminal Justice, appeals the district court's order staying the execution of Johnny Frank Garrett. That execution is scheduled for January 7, 1992, between midnight and dawn.

The district court's order of January 5 outlines in detail the critical steps which have been taken in this case. In summary, Garrett was sentenced to death following a guilty verdict in a capital murder case and after the jury...

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