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WARD v. CAIN

No. 95-30442.

53 F.3d 106 (1995)

Thomas Lee WARD, Petitioner-Appellant, v. Burl CAIN, Acting Warden, Louisiana State Penitentiary, Angola, Louisiana, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 15, 1995.

Attorney(s) appearing for the Case

Gregory Bialecki, David A. Hoffman, Amy B. Rifkind, Hill & Barlow, Boston, MA, and Alan H. Katz, New Orleans, LA, for appellant.

Harry Connick, Dist. Atty. and Charmagne Padua, Asst. Dist. Atty., New Orleans, LA, for appellee.

Before POLITZ, Chief Judge, GARWOOD and SMITH, Circuit Judges:

PER CURIAM:

Scheduled for execution between midnight and 3:00 a.m. on May 16, 1995, Thomas Lee Ward seeks a certificate of probable cause to appeal the denial of his petition for habeas corpus and a stay of his execution. Binding precedent precludes debate among jurists of reason about a dispositive issue and we must therefore deny the application for CPC and a stay.

We do not repeat the factual background and procedural posture of this case but refer to prior...

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