BOYD v. PUCKETT

No. 90-8041 Summary Calendar.

905 F.2d 895 (1990)

John Lee BOYD, Petitioner-Appellee, v. Steve W. PUCKETT, Superintendent of the Mississippi State Penitentiary at Parchman, et al., Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 23, 1990.


Attorney(s) appearing for the Case

Jeffrey M. Rosamond, Sp. Asst. Atty. Gen., Mike Moore, Atty. Gen., Jackson, Miss., for petitioner-appellee.

John Lee Boyd, Parchman, Miss., pro se.

Before GEE, SMITH, and WIENER, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The state respondents appeal from the district court's grant of a writ of habeas corpus conferred on the basis of evidence newly discovered after petitioner John Lee Boyd's state trial and conviction for murder, for which he received a life sentence. Concluding that the district court's determination is contrary to binding precedent from the Supreme Court and this court, we reverse and render.

I.

Three years after petitioner...

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