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Stringer v. Black

United States Court of Appeals, Fifth Circuit
Nov 24, 1992
979 F.2d 38 (5th Cir. 1992)

Summary

modifying original opinion in other respects

Summary of this case from West v. Johnson

Opinion

No. 88-4126.

November 24, 1992.

James E. Ostgard, Minneapolis, Minn. (court-appointed), Kenneth J. Rose, Durham, N.C. (court-appointed), Dennis Sweet, Jackson, Miss. (court-appointed), for petitioner-appellant.

Marvin L. White, Jr., Felicia C. Adams, Asst. Attys. Gen., Jackson, Miss., for respondents-appellees.

Appeal from the United States District Court for the Southern District of Mississippi; William H. Barbour, Jr., Judge.

Before HIGGINBOTHAM, DAVIS and DeMOSS, Circuit Judges.


ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES


The holding of this court in Stringer v. Jackson, 909 F.2d 111 (1990) has been reversed and the cause has been remanded to this court for further proceedings in conformity with the opinion of the Supreme Court. ___ U.S. ___, 112 S.Ct. 1130, 117 L.Ed.2d 367.

Accordingly, our opinion in Stringer v. Jackson, 862 F.2d 1108 (1988), is modified by deleting therefrom the entirety of subpart III., C. Aggravating Circumstances, and the judgment of the District Court is VACATED insofar as it holds that there was no constitutional error in the jury's use of the "especially heinous, atrocious, or cruel" aggravating circumstance.

This case is REMANDED to the District Court with instructions to issue the writ of habeas corpus unless the State of Mississippi initiates appropriate proceedings in state court within a reasonable time after the issuance of our mandate. In all other respects, the judgment of this court in 862 F.2d 1108 and the judgment of the District Court are REAFFIRMED.


Summaries of

Stringer v. Black

United States Court of Appeals, Fifth Circuit
Nov 24, 1992
979 F.2d 38 (5th Cir. 1992)

modifying original opinion in other respects

Summary of this case from West v. Johnson
Case details for

Stringer v. Black

Case Details

Full title:JAMES R. STRINGER, PETITIONER-APPELLANT, v. LEE ROY BLACK, COMMISSIONER…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 24, 1992

Citations

979 F.2d 38 (5th Cir. 1992)

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