LACKEY v. SCOTT

No. 95-50267.

52 F.3d 98 (1995)

Clarence Allen LACKEY, Petitioner-Appellee, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

April 26, 1995.


Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., John Jacks, Asst. Atty. Gen., Austin, TX, for appellant.

Brent Newton, Texas Resource Center, Houston, TX, for appellee.

Before JOLLY, DUHÉ and BARKSDALE, Circuit Judges.


PER CURIAM:

The State of Texas appeals and moves to vacate the stay imposed by the district court on the execution of Clarence Lackey, a Texas death row inmate. The district court stayed the execution on the basis that reasonable jurists would disagree on the application of the abuse-of-the-writ doctrine, and the nonretroactivity doctrine, to Lackey's second habeas petition and on the merits of Lackey's claim. Because, as we have previously held,

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