JAMES R. STRINGER, PETITIONER-APPELLANT,
v.
LEE ROY BLACK, COMMISSIONER, MISSISSIPPI DEPARTMENT OF CORRECTIONS, ET AL., RESPONDENTS-APPELLEES
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The court vacated the district court's judgment regarding the "especially heinous, atrocious, or cruel" aggravating circumstance and remanded for further proceedings.
This case was remanded from the Supreme Court of the United States following a reversal of this court's prior decision in Stringer v. Jackson. The Sup…
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DeMOSS, Circuit Judge:
The holding of this court in Stringer v. Jackson, 909 F. 2d 111 (1990) has been re versed 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 sub-part 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Stringer v. Black, 503 U.S. 222 (U.S. 1992)
- Stringer v. Jackson, 862 F.2d 1108 (5th Cir. 1988)
- United States v. Boruff, 909 F.2d 111 (5th Cir. 1990)
- Stringer v. Jackson, 909 F.2d 111 (5th Cir. 1990)