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VOYLES v. WATKINS

No. GC 79-115-K-P.

489 F.Supp. 901 (1980)

Jimmy VOYLES, Petitioner, v. John C. WATKINS, Commissioner, Mississippi Department of Corrections; Steve Hargett, Warden, Mississippi State Penitentiary; Johnny Price, Sheriff of Lee County, Mississippi; T. B. Bruce, State Executioner; and the State of Mississippi, Respondents, and William A. Allain, Attorney General of the State of Mississippi, Additional Respondent.

United States District Court, N. D. Mississippi, Greenville Division.

May 13, 1980.

Attorney(s) appearing for the Case

Timothy N. Black, Washington, D. C., George Q. Evans and David W. Clark, Jackson, Miss., for petitioner.

Marvin L. White, Jr., Asst. Atty. Gen., Jackson, Miss., for respondents.

MEMORANDUM OPINION

KEADY, Chief Judge.

In this habeas corpus proceeding, Jimmy Voyles, petitioner, attacks the constitutionality of his June 1977 conviction in the Circuit Court of Lee County, Mississippi, of the crime of capital murder and imposition of the death sentence. 28 U.S.C. § 2254. The conviction and sentence were affirmed September 20, 1978, by the Supreme Court of Mississippi. Voyles v. State, 362 So.2d 1236

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