JOHNSON v. THIGPEN

No. 86-4210.

806 F.2d 1243 (1986)

Edward Earl JOHNSON, Petitioner-Appellant, Cross-Appellee, v. Morris THIGPEN, Commissioner, Mississippi Department of Corrections, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

December 17, 1986.


Attorney(s) appearing for the Case

Kenneth J. Rose, Barry H. Powell, R. Jesse Brown, Jackson, Miss., for petitioner-appellant, cross-appellee.

Marvin L. White, Asst. Atty. Gen., Edwin Lloyd Pittman, Atty. Gen., Amy D. Whitten, Asst. Atty. Gen., Jackson, Miss., William S. Boyd, III, Sp. Counsel, Gulfport, Miss., for respondent-appellee, cross-appellant.

Before CLARK, Chief Judge, REAVLEY, and WILLIAMS, Circuit Judges.


CLARK, Chief Judge:

Edward Earl Johnson appeals from the judgment of the district court denying his petition for writ of habeas corpus. He argues first that his death sentence was imposed on the basis of an unconstitutionally vague aggravating circumstance. Second, he contends that the state trial court unconstitutionally restricted his sentencing phase argument. Finally, he maintains that he was entitled at the guilt phase of his trial to an instruction on the lesser...

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