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MURPHY v. NASSER

No. 23-70005.

84 F.4th 288 (2023)

Jedidiah Isaac MURPHY, Plaintiff-Appellee, v. Ali Mustapha NASSER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Date Filed: October 10, 2023.

FILED October 9, 2023

Attorney(s) appearing for the Case

Catherine Clare Bernhard , Seagoville, TX, Katherine Froyen Black , Austin, TX, Russell David Hunt, Jr. , Georgetown, TX, for Plaintiff-Appellee.

Ali Mustapha Nasser , Assistant Attorney General, Office of the Attorney General, Criminal Appeals Division, Austin, TX, for Defendant-Appellant.

Before Smith, Southwick, and Graves, Circuit Judges.

Before us is an emergency appeal by the State of Texas seeking to vacate a stay of execution entered by the district court. The issue on which the district court decided to enter a stay is whether the inmate is entitled to have DNA testing performed on certain evidence. The district court granted a stay because...

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