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HERNANDEZ v. JOHNSON

No. 96-40091.

108 F.3d 554 (1997)

Rogelio Rangel HERNANDEZ, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 1997.

Attorney(s) appearing for the Case

Mandy Welch, James William Marcus, Houston, TX, for Petitioner-Appellant.

Dana Emmert Parker, Assistant Attorney General, Austin, TX, for Respondent-Appellee.

Before GARWOOD, JONES and EMILIO M. GARZA, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellant Rogelio Hernandez was convicted of capital murder and sentenced to death for murdering Officer Jose Herrera during an attempted escape from the Webb County Jail in 1986. After appellant's conviction was affirmed on direct review and a last-minute petition for state habeas corpus was overruled, appellant sought a stay of execution and writ of habeas corpus in federal court. After an evidentiary hearing on appellant's most significant...

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