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REDDIX v. THIGPEN

No. 83-4068.

728 F.2d 705 (1984)

Willie N. REDDIX, Petitioner-Appellee, v. Morris THIGPEN, Commissioner, Mississippi Department of Corrections, et al., Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied May 21, 1984.

Attorney(s) appearing for the Case

William S. Boyd, III, Marvin L. White, Jr., Sp. Asst. Attys. Gen., Jackson, Miss., for petitioners-appellants.

Steven L. Winter, New York City, Charles H. Ramberg, Jackson, Miss., for respondent-appellee.

Before CLARK, Chief Judge, GARZA and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

The State of Mississippi appeals the district court's order granting habeas corpus relief to Willie N. Reddix, who was sentenced to die by a jury sitting in Harrison County, Mississippi. The district court held that the state had not proved either that Reddix had the criminal intent necessary for the state to find him guilty of murder, or that Reddix had the personal intent to kill necessary for the state to impose the death penalty...

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