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WHEAT v. THIGPEN

No. 85-4590.

793 F.2d 621 (1986)

Kenneth W. WHEAT, Petitioner-Appellee, Cross-Appellant, v. Morris THIGPEN, Commissioner, Mississippi Department of Corrections, et al., Respondents-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 18, 1986.

Attorney(s) appearing for the Case

Edwin L. Pittman, Atty. Gen., Marvin L. White, Jr., Asst. Atty. Gen., White & Morse, Jackson, Miss., William S. Boyd, III, Gulfport, Miss., for respondents-appellants, cross-appellees.

Gerald F. Smith, Gulfport, Miss., Robert E. Morin, Rockville, Md., Stephen B. Bright, Atlanta, Ga., for petitioner-appellee, cross-appellant.

Before GEE, REAVLEY and HILL, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 18, 1986.

ROBERT MADDEN HILL, Circuit Judge:

In this federal habeas action, the respondents, Morris Thigpen, Commissioner of the Mississippi Department of Corrections, and others (collectively the State), appeal the district court's order vacating the petitioner's death sentence. The petitioner, Kenneth William Wheat, appeals the district court's denial of relief as to the guilt-innocence phase of his trial. We...

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