Frank Basil McFarland v. James A. Collins, Director Texas Department of Criminal Justice, Institutional Division

Considering the State’s waiver of the requirement of exhaustion as to the issue raised by Petitioner’s habeas petition filed with the district court, and State’s lack of objection to a stay of execution, Petitioner’s execution scheduled for October 27, 1993 is hereby stayed pending further orders of this court.

EDITH H. JONES, Circuit Judge, dissents from this order granting stay and assigns written responses.