
    No. A-127 (85-5220).
    Pinkerton v. McCotter, Director, Texas Department of Corrections.
   C. A. 5th Cir. Application for stay of execution of sentence of death scheduled for Thursday, August 15, 1985, presented to Justice White, and by him referred to the Court, is granted pending the disposition by this Court of the petition for writ of certiorari. Should the petition for writ of certiorari be denied, this stay terminates automatically. In the event the petition for writ of certiorari is granted, this stay shall continue pending the sending down of the judgment of this Court.

The Chief Justice and Justice White would deny the application. Justice Rehnquist took no part in the consideration or decision of this application.

Justice Powell,

concurring.

Ordinarily, I would vote to deny the petition for writ of certio-rari and the application for stay as I find no substance to any of petitioner’s claims. But it is not clear from the votes of the other Justices absent from Washington, whether there will be four votes to grant the petition for writ of certiorari, and at this late hour it has not been possible to clarify their positions. In view of this doubt, I will vote to grant the stay.  