Fifth Circuit Court Cases - Case Law and Opinions from the 5th Circuit Federal Court - Court of Appeals

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UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 88-4126
James R. Stringer,
Petitioner-Appellant,
VERSUS
Lee Roy Black, Commissioner,
Mississippi Department of Corrections, et al.,
Respondents-Appellees.

Appeal from the United States District Court
for the Southern District of Mississippi

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
(November 24, 1992)
Before HIGGINBOTHAM, DAVIS and DeMOSS, Circuit Judges.
DeMOSS, Circuit Judge:
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.
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.
c:br:opin:88-4126