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BURDINE v. JOHNSON

No. Civ.A. H-94-4190.

87 F.Supp.2d 711 (2000)

Calvin Jerold BURDINE, Petitioner, v. Gary JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent.

United States District Court, S.D. Texas, Houston Division.

March 1, 2000.

Attorney(s) appearing for the Case

Robert L. McGlasson, Attorney at Law, Decatur, GA, Mandy Jo Welch, Burr & Welch, Houston, TX, for petitioner.

John Cornyn, Attorney General of Texas, Gena Blount Bunn, Assistant Attorney General and Chief, Capital Litigation Division, Douglas Alan Danzeiser, Assistant Attorney General, Office of the Texas Attorney General, Austin, TX, for respondents.

ORDER

HITTNER, District Judge.

Pending before the Court are the Motion for Stay of Judgment Pending Appeal and Motion for Leave to File Untimely Motion for Stay of Judgment Pending Appeal and Alternative Motion for Relief from Judgment filed by respondent Gary Johnson ("Johnson" or "the State"), and the Motion for Immediate Release from Custody filed by petitioner Calvin Jerold Burdine ("Burdine"). Having considered

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