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PRUETT v. THIGPEN

No. EC84-31-LS.

665 F.Supp. 1254 (1986)

Marion Albert PRUETT, Petitioner, v. Morris THIGPEN, Commissioner, Mississippi Department of Corrections, Donald A. Cabana, Superintendent, Mississippi State Penitentiary, and State of Mississippi, Respondents.

United States District Court, N.D. Mississippi, E.D.

March 21, 1986.

Attorney(s) appearing for the Case

Stephen B. Bright, Atlanta, Ga., William Sebastian Moore, Jackson, Miss., Robert E. Morin, Rockville, Md., for petitioner.

Edwin Lloyd Pittman, Atty. Gen., Marvin L. White, Jr., Sp. Asst. Atty. Gen., Jackson, Miss., William S. Boyd, III, White & Morse, Gulfport, Miss., for respondents.

MEMORANDUM OPINION

SENTER, Chief Judge.

Presently before the court is Marion Albert Pruett's petition for writ of habeas corpus. On November 2, 1981, Marion Albert Pruett was indicted by the Grand Jury of the First Judicial District of Hinds County, Mississippi, for the September 17, 1981, capital murder of Opal H. Lowe, a/k/a Peggy Lowe. Venue was moved to Lowndes County, Mississippi, and in a bifurcated trial, as required by state statute, petitioner was...

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