John Henry Selvage, Petitioner-Appellee-Appellant v. James A. Lynaugh, Director, Texas Department of Corrections, Respondent-Appellant-Appellee

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In this, John Henry Selvage’s second ha-beas trip to the federal courts, the United States District Court has granted a stay of his execution scheduled to be carried out before sunrise on March 30, 1988. The State of Texas asks this court to vacate that stay of execution. Selvage, in turn, requests a stay pending appeal of his dismissed claims, should we vacate the stay granted by the district court. Despite the shortness of time we will describe the history of this case and then turn to each of Selvage’s claims. We conclude that we must vacate the stay…