David Franklin Clay v. James A. Lynaugh, Director, Texas Department of Corrections

874 F.2d 953, 1989 U.S. App. LEXIS 7311, 1989 WL 52479

Opinion

PER CURIAM:

Considering the answer given by the Texas Court of Criminal Appeals, 770 S.W. 2d 800 (Tex.Cr.App.1989), to the question certified to it by this Court in Clay v. Lynaugh, 1 the case is REMANDED to the United States District Court for the Northern District of Texas with instructions to issue immediately a writ of habeas corpus setting aside the conviction and sentence in cause numbered F-76-9897-HQ, thereby discharging the petitioner, David Franklin Clay, from further confinement thereunder.

The mandate shall issue forthwith.

1 . 846 F.2d 8 (5th Cir.1988).