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DEMOUCHETTE v. COLLINS

No. 92-2077.

972 F.2d 651 (1992)

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

United States Court of Appeals, Fifth Circuit.

Certiorari Denied September 21, 1992.

Attorney(s) appearing for the Case

Michael B. Charlton, David Cunningham (Court-appointed), Houston, Tex., for petitioner-appellant.

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

Before POLITZ, Chief Judge, HIGGINBOTHAM and DUHÉ, Circuit Judges.

Certiorari Denied September 21, 1992. See 113 S.Ct. 27.

POLITZ, Chief Judge:

James Demouchette, whose execution has been set by the Texas authorities for September 22, 1992, seeks federal habeas relief and a stay of execution. The district court denied the habeas request, denied a certificate of probable cause and recalled its previously issued stay of execution. In his motions for CPC and for a stay of execution Demouchette urges error under Penry v. Lynaugh...

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