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WHITE v. JOHNSON

No. 96-20005.

79 F.3d 432 (1996)

Larry Wayne WHITE, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Dept. of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied April 16, 1996.

Attorney(s) appearing for the Case

Kenneth A. Williams, University of Hawaii, William S. Richardson School of Law, Honolulu, HI, Robert M. Rosenberg, Houston, TX, for petitioner-appellant.

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

Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 16, 1996.

W. EUGENE DAVIS, Circuit Judge:

Petitioner White applies for a certificate of probable cause to appeal the district court's denial of habeas relief. White claims that his pending execution will violate his eighth amendment right to be free from cruel and unusual punishment and fourteenth amendment right to due process of law and that he received ineffective assistance of counsel. We vacate...

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