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WHEAT v. STATE

No. 89-KA-0739.

599 So.2d 963 (1992)

Kenneth William WHEAT v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied June 17, 1992.

Attorney(s) appearing for the Case

Stephen B. Bright, Atlanta, Ga., Robert McDuff, New Orleans, La., Gail D. Nicholson, Nicholson & Nicholson, Gulfport, for appellant.

Michael C. Moore, Atty. Gen., Marvin L. White, Jr., Asst. Atty. Gen., Charlene R. Pierce, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before HAWKINS, P.J., and PRATHER and ROBERTSON, JJ.

HAWKINS, Presiding Justice, for the Court:

Kenneth William Wheat has appealed an order of the circuit court of Harrison County denying his petition for a writ of habeas corpus to prohibit his retrial on the sentencing phase of his capital murder trial. We affirm.

FACTS

Wheat was indicted by the grand jury of the First Judicial District of Harrison County under two true bills for the capital murder of Joseph M. Mayer and his wife, Teresa C. Hayes...

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