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IN RE HEARN

Nos. 04-10245, 04-70010.

376 F.3d 447 (2004)

In Re: Yokamon Laneal HEARN, Movant. Yokamon Laneal Hearn, Petitioner-Appellant, v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 6, 2004.

Attorney(s) appearing for the Case

Morris H. Moon, James William Marcus (argued), Texas Def. Serv., Houston, TX, for Hearn.

Edward Larry Marshall (argued), Austin, TX, for Dretke.

Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Yokamon Laneal Hearn, an indigent Texas inmate seeking to challenge his death sentence pursuant to Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), moves this Court to appoint counsel to prepare his application for authority to file a successive federal habeas corpus petition, and to stay his execution pending the disposition of such petition. For the following reasons...

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