United States Fifth Circuit

In a capital murder case, the denial of Defendant's motions for a stay of execution and appointment of counsel for clemency purposes is affirmed, where: 1) there was no habeas petition pending, and therefore the District Court had no jurisdiction to enjoin the execution; and 2) there was no showing of additional evidence that could be presented in clemency proceedings.

Appellate Information

• Decided 04/14/2009
• Published 04/14/2009

Judges

• PER CURIAM:, Before DAVIS, BENAVIDES and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Gregory William Wiercioch, Texas Defender Service, San Francisco, CA, for Petitioner-Appellant.


• For Appellees:
  
• Carole Susanne Callaghan, Postconviction Litigation Div., Austin, TX, for Respondent-Appellee.