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BATTAGLIA v. STEPHENS

No. 16-70009.

824 F.3d 470 (2016)

John David BATTAGLIA, Petitioner-Appellant v. William STEPHENS, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed March 30, 2016.

Attorney(s) appearing for the Case

Gregory Wayne Gardner , Washington, DC, Michael Clark Gross , Gross & Esparza, P.L.L.C., San Antonio, TX, for Petitioner-Appellant.

Woodson Erich Dryden, Esq. , Assistant Attorney General, Office of the Attorney General, Postconviction Litigation Division, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges.

Appellant John David Battaglia is currently scheduled to be executed by the State of Texas on March 30, 2016. He moved the district court for appointment of counsel under 18 U.S.C. § 3599 and a stay of execution. The district court denied both motions. Battaglia now appeals to this Court and moves for a stay of execution. We REVERSE the...

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