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McFARLAND v. COLLINS

No. 93-1956.

8 F.3d 256 (1993)

Frank Basil McFARLAND, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institution Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 19, 1993.

Attorney(s) appearing for the Case

Mandy Welch, Texas Resource Center, Houston, TX, Danny Burns, Fort Worth, TX, for petitioner-appellant.

Dan Morales, Atty. Gen., Andrea March, Asst. Atty. Gen., Austin, TX, for respondent-appellee.

Before DAVIS, JONES and DUHÉ, Circuit Judges.

PER CURIAM:

Frank Basil McFarland appeals the district court's denial of a stay of execution and the district court's failure to appoint counsel.1 The district court denied the stay finding that McFarland had not shown substantial grounds upon which habeas relief might be granted, largely because of his failure to exhaust his state remedies. Late on the eve of the scheduled execution, this Court granted a stay of execution in part because...

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