Leslie Lowenfield v. C. Paul Phelps, Secretary of the Department of Corrections, State of Louisiana

W. EUGENE DAVIS, Circuit Judge:

The petitioner, Leslie Lowenfield, was convicted of the first degree murder of three persons; the court sentenced him to death on each count on the jury’s recommendation. The conviction and sentence was affirmed by the Louisiana Supreme Court, State v. Lowenfield, 495 So.2d 1245 (La.1985), cert. denied, _ U.S. _, 106 S.Ct. 2259, 90 L.Ed.2d 704 (1986). Post conviction relief was denied by the state court. Lowenfield v. Phelps, 497 So.2d 301 (La.1986). On Lowenfield’s application for federal habeas relief, the district court stayed the execution set for November…