Rehearing and Rehearing En Banc Denied September 13, 1991.
REYNALDO G. GARZA, Circuit Judge:
After exhaustion in the state courts, petitioner appealed for habeas relief to the federal courts. The magistrate recommended relief in his findings and recommendations. The district judge, however, denied relief. We reverse the judgment of the district court and grant the writ. The State of Mississippi is given ninety days in which to retry petitioner or set him free...
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