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BEHRINGER v. JOHNSON

No. 96-10012.

75 F.3d 189 (1996)

Earl Russell BEHRINGER, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied March 18, 1996.

Attorney(s) appearing for the Case

Robert Patrick Abbott, Solo Practitioner, Coppell, TX, Jan Elizabeth Hemphill, Dallas, TX, for petitioner-appellant.

Gregory William Shields, Office of Attorney General of Texas, Austin, TX, for respondent-appellee.

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.

Certiorari Denied March 18, 1996. See 116 S.Ct. 1284.

PER CURIAM:

I

Earl Russell Behringer is now scheduled to be executed on February 15, 1996. We have today in Cause No. 95-10976 denied Behringer's application for stay of execution and refused to issue a certificate of probable cause. Behringer filed his notice of appeal from the judgment in No. 95-10976 on October 18, 1995. On December 21, 1995, while his motion for stay of execution pending appeal...

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