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IN RE JOINER

No. 95-10376.

58 F.3d 143 (1995)

In re Orien Cecil JOINER, Petitioner.

United States Court of Appeals, Fifth Circuit.

June 27, 1995.

Attorney(s) appearing for the Case

Robert Nelson Nebb, Richard R. Gore, Lubbock, TX, for appellant.

Dan Morales, Atty. Gen., Margaret Portman Griffey, Asst. Atty. Gen., Austin, TX, for appellee.

Before KING, HIGGINBOTHAM and BARKSDALE, Circuit Judges.

PER CURIAM:

Orien Joiner was convicted of capital murder and sentenced to death in Texas state court. The Texas Court of Criminal Appeals affirmed his conviction, and the U.S. Supreme Court denied certiorari. Joiner filed pro se motions for stay of execution in state court, but the Texas District Court and Court of Criminal Appeals denied the motions and refused to appoint an attorney for state habeas proceedings. Applying McFarland v. Scott, ___ U.S. ___,...

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