Opinion
No. 83-3647.
October 23, 1983.
Samuel S. Dalton, Jefferson, La., for petitioner-appellant.
Kay Fitzpatrick, Asst. Atty. Gen., Baton Rouge, La., for respondents-appellees.
Appeal from the United States District Court for the Middle District of Louisiana.
Before BROWN, REAVLEY and HIGGINBOTHAM, Circuit Judges.
For the reasons stated in the accompanying order, the Court orders:
1. Motion for IFP is GRANTED.
2. Motion for oral argument is DENIED.
3. Certificate of Probable Cause is GRANTED.
4. The execution now fixed for October 25, 1983, between midnight and three a.m. is STAYED.
5. The Judgment of the District Court is AFFIRMED.
6. Issuance of the Mandate is stayed pending final action of the Supreme Court.