GRIGSBY v. MABRY

No. 83-2113.

758 F.2d 226 (1985)

James T. GRIGSBY, Appellee, v. James MABRY, Commissioner, Arkansas Department of Correction, Appellant. Ardia V. McCREE, Appellee, v. Vernon HOUSEWRIGHT, Director, Arkansas Department of Correction, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 30, 1985.

As Corrected March 18, 1985.


Attorney(s) appearing for the Case

Victra L. Fewell, Asst. Atty. Gen., Little Rock, Ark., for appellant.

John Charles Boger, New York City, for appellee.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges.


LAY, Chief Judge.

The issues on this appeal relate to the question left open in Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968): whether the exclusion of jurors who hold absolute scruples against the death penalty creates a "conviction-prone" jury as to the guilt of a defendant in a capital case.1 On an earlier remand from this court, Grigsby v. Mabry,

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