JOHNSON v. THIGPEN

Civ. A. No. J84-0501(B).

623 F.Supp. 1121 (1985)

Edward Earl JOHNSON, Petitioner, v. Morris THIGPEN, Commissioner, Mississippi Department of Corrections, Defendant.

United States District Court, S.D. Mississippi, Jackson Division.

December 13, 1985.


Attorney(s) appearing for the Case

Barry Powell, R. Jess Brown, Jackson, Miss., for petitioner.

William S. Boyd, III, Sp. Counsel, White & Morse, Gulfport, Miss., for defendant.


MEMORANDUM OPINION AND ORDER

BARBOUR, District Judge.

Petitioner Edward Earl Johnson, a black man, was convicted in 1980 in the Circuit Court of Leake County, Mississippi, of the capital murder of Town Marshal J.T. Trest, a white man, at a time when Trest was performing official duties as a law enforcement officer. At a subsequent sentencing hearing pursuant to Mississippi's bifurcated scheme, a jury imposed a sentence of death. On direct appeal, the Mississippi...

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