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NETHERY v. COLLINS

No. 92-1742.

993 F.2d 1154 (1993)

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

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 21, 1993.

Attorney(s) appearing for the Case

Vernon L. Witherspoon, Kirst & Witherspoon, Irving, TX (Court-appointed), for petitioner-appellant.

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

Before POLITZ, Chief Judge, KING and BARKSDALE, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 21, 1993.

POLITZ, Chief Judge:

Stephen Ray Nethery was convicted of capital murder and sentenced to death by the Texas state court. With all direct appeals and collateral state reviews exhausted he seeks federal habeas relief. The district court denied his application and refused to grant a certificate of probable cause for appeal. We granted CPC. For the reasons assigned...

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