Court of Criminal Appeals of Texas April 13, 1992, No. 12848-05 (Ex parte Herrera)

McCORMICK, Presiding Judge,

dissenting to Order granting stay of execution.

Until this case, the Texas Court of Criminal Appeals has exercised abstention in matters which were in litigation in the Federal jurisdiction. Likewise, the Federal courts have exercised comity. McBride v. Estelle, 507 F.2d 903 (5th Cir.1975).