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HENRY v. WAINWRIGHT

No. 80-5184.

661 F.2d 56 (1981)

James Dupree HENRY, Petitioner-Appellee Cross-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Corrections, Respondent-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied January 26, 1982.

Attorney(s) appearing for the Case

Wallace E. Allbritton, Charles A. Stampelos, Asst. Attys. Gen., Tallahassee, Fla., for respondent-appellant cross-appellee.

Craig S. Barnard, Chief Asst. Public Defender, 15th Judicial Circuit, West Palm Beach, Fla., for petitioner-appellee cross-appellant.

Before HILL and HENDERSON, Circuit Judges, and SMITH, Judge.

Rehearing and Rehearing En Banc Denied January 26, 1982.

JAMES C. HILL, Circuit Judge:

This appeal requires that we decide whether it is error as a matter of constitutional law to allow a jury in a capital case to consider nonstatutory aggravating factors in deciding whether the death penalty should be imposed. We hold that it is and affirm the district court's grant of a writ of habeas corpus.

Appellee James Dupree Henry was convicted of first degree...

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