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  5. 885 S.W.2d 389 (1994)
 

STATE EX REL. HOLMES v. COURT OF APPEALS

Nos. 71764, 71765.

885 S.W.2d 389 (1994)

STATE of Texas ex rel. John B. HOLMES, Jr., District Attorney, Relator, v. The HONORABLE COURT OF APPEALS FOR the THIRD DISTRICT, Respondent. TEXAS BOARD OF PARDONS AND PAROLES, et al., Relator, v. The HONORABLE COURT OF APPEALS FOR the THIRD DISTRICT, Respondent.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied June 8, 1994.

Attorney(s) appearing for the Case

John B. Holmes, Jr., Dist. Atty., and Calvin A. Hartmann and Roe Wilson, Asst. Dist. Attys., Houston, Charles Palmer, Asst. Atty. Gen., Austin, for relators.

James C. Harrington, Austin, for real party in interest Gary Graham.

Before the court en banc.

OPINION ON RELATORS' APPLICATION FOR WRIT OF MANDAMUS

BAIRD, Judge.

Relators, Harris County District Attorney John B. Holmes and the Texas Board of Pardons and Paroles by and through the Attorney General, seek a writ of mandamus and/or prohibition directing respondent, the Third Court of Appeals, to withdraw its order enjoining the execution of death row inmate Gary Graham. We will conditionally grant relief.

I.

A recitation of the...

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