JONES v. THIGPEN

No. 83-4085.

788 F.2d 1101 (1986)

Larry JONES, Petitioner-Appellee Cross-Appellant, v. Morris THIGPEN, Commissioner, Mississippi Dept. of Corrections, et al., Respondents-Appellants Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

May 2, 1986.


Attorney(s) appearing for the Case

William S. Boyd, III, Bill Allain, Atty. Gen., Marvin L. White, Jr., Amy Whitten, Jackson, Miss., for respondents-appellants cross-appellee.

T.H. Freeland, III, Freeland & Gafford, T.H. Freeland, IV (Court-appointed), Oxford, Miss., Mary Carolyn Ellis, University, Miss., for petitioner-appellee cross-appellant.

Before REAVLEY, JOHNSON and JOLLY, Circuit Judges.


ON REMAND FROM SUPREME COURT OF THE UNITED STATES

REAVLEY, Circuit Judge:

By our decision in this case on September 17, 1984, reported at 741 F.2d 805 (5th Cir.1984), we held that the death sentence imposed by Mississippi upon Larry Jones for felony murder violated the Eighth Amendment under the Supreme Court's writing in Enmund v. Florida, 458 U.S. 782

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