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STEWART v. COLLINS

No. 92-2262.

978 F.2d 199 (1992)

Darryl Elroy STEWART, Petitioner-Appellant, v. James A. COLLINS, Director Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 27, 1992.

Attorney(s) appearing for the Case

Will Gray, Houston, Tex. (Court-appointed), for petitioner-appellant.

Margaret P. Griffey, Dan Morales, Atty. Gen., Austin, Tex., for respondent-appellee.

Before JONES, DUHÉ, and WIENER, Circuit Judges.

PER CURIAM:

Petitioner who was sentenced to death in a state capital murder trial appeals denial of federal habeas relief. The district court dismissed with prejudice the petitioner's application for writ of habeas corpus leaving its previously granted stay of execution in effect pending appeal. It granted a certificate of probable cause and petitioner timely appealed. Petitioner urges error under Penry v. Lynaugh, 492 U.S. 302

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