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MURPHY v. COLLIER

No. 19-70020.

942 F.3d 704 (2019)

Patrick Henry MURPHY, Plaintiff-Appellee v. Bryan COLLIER, Executive Director, Texas Department of Criminal Justice; Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division; Billy Lewis, Warden, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED November 12, 2019.

Attorney(s) appearing for the Case

David R. Dow , University of Houston, Law Center, Houston, TX, for Plaintiff-Appellee.

Gwendolyn Suzanne Vindell , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Defendants-Appellants.

Before DENNIS, ELROD, and HIGGINSON, Circuit Judges.

Five days ago, the Southern District of Texas granted a motion from Texas death row inmate Patrick Henry Murphy seeking to stay his execution. Officials of the Texas Department of Criminal Justice (TDCJ) now move in this court to vacate the district court's order so that Murphy may be executed tomorrow, November 13...

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