STERLING v. SCOTT

No. 94-10297.

26 F.3d 29 (1994)

Gary STERLING, Petitioner-Appellant, v. Wayne SCOTT, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 1, 1994.


Attorney(s) appearing for the Case

J. Thomas Sullivan, UALR School of Law, Little Rock, AR, Phyllis Louise Crocker, Austin, TX, for appellant.

William C. Zapalac, Dan Morales, Atty. Gen., Austin, TX, for appellee.

Before JOLLY, DUHÉ, and BARKSDALE, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

The basic question presented in this appeal is whether this death-row inmate may tap federal funds to pay his counsel to exhaust his habeas claims in state court.

Here, the federal district court dismissed the petitioning inmate's habeas corpus action for failure to exhaust state remedies and denied his application for a certificate of probable cause ("CPC"). Sterling asks this court for CPC on his habeas claims and an order...

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