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HERRERA v. COLLINS

No. 92-2114.

954 F.2d 1029 (1992)

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

United States Court of Appeals, Fifth Circuit.

February 18, 1992.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Joan C. Barton, Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

Mark Evan Olive, Tallahassee, Fla., for petitioner-appellee.

Before KING, DAVIS and JONES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

James A. Collins, Director, Texas Department of Criminal Justice, appeals the district court's order staying the execution of Leonel Torres Herrera. Herrera's execution is scheduled for February 19, 1992, between midnight and dawn.

I.

The district court's thorough memorandum opinion and order of February 17 outlines in detail the critical steps which have been taken in this case. In summary, Herrera was sentenced to...

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