STERLING v. SCOTT

No. 94-10297.

57 F.3d 451 (1995)

Gary STERLING, Petitioner-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 22, 1995.


Attorney(s) appearing for the Case

J. Thomas Sullivan (Ct. appointed), UALR School of Law, Little Rock, AR, Phyllis Louise Crocker, TX Resource Center, Austin, TX, for appellant.

William C. Zapalac, Dan Morales, Attys. Gen., Austin, TX, for appellee.

Before JOLLY, DUHÉ and BARKSDALE, Circuit Judges.


ON REMAND FROM THE UNITED STATES SUPREME COURT

E. GRADY JOLLY, Circuit Judge:

In our earlier consideration of this death penalty habeas case, the petitioner sought a CPC and an order holding his unexhausted federal habeas petition in abeyance so that he could use federally appointed and paid counsel to exhaust his state postconviction claims. We denied a CPC because he failed to exhaust his postconviction claims, and we held that the petitioner had no statutory...

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