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ADAMS v. THALER

Nos. 12-70010, 12-40436 and 12-70011.

679 F.3d 312 (2012)

Beunka ADAMS, Petitioner-Appellee, v. Rick THALER, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant. In re Beunka Adams, Petitioner. Beunka Adams, Petitioner-Appellant, v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 25, 2012.

Attorney(s) appearing for the Case

Thomas Scott Smith (Court-Appointed), Smith & Smith, Sherman, TX, for Petitioner-Appellee.

Ellen Stewart-Klein, Asst. Atty. Gen., Postconviction Lit. Div., Austin, TX, for Respondent-Appellant.

Before: KING, ELROD and HAYNES, Circuit Judges.

KING, Circuit Judge:

Beunka Adams was convicted of capital murder and sentenced to death in Texas state court. He is scheduled to be executed on April 26, 2012. On April 13, 2012, Adams filed a motion in the district court pursuant to Federal Rule of Civil Procedure 60(b)(6), seeking relief from the district court's judgment denying his initial federal habeas corpus petition. He also filed a motion for a stay of execution. Adams v. Thaler, No. 5:07-cv-00180...

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