KING v. PUCKETT

No. 91-1940.

1 F.3d 280 (1993)

Mack Arthur KING, Petitioner-Appellant, v. S.W. PUCKETT, Superintendent, Mississippi State Penitentiary, and Mike Moore, Attorney General, State of Mississippi, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 25, 1993.


Attorney(s) appearing for the Case

James E. Rocap, III, David S. Cohen, David R. Fontaine, Scott L. Nelson, Wilbur O. Colom, Colom, Mitchell, Colom, Columbus, MS, Miller, Cassidy, Larroca & Lewin, Washington, DC, for petitioner-appellant.

Marvin L. White, Jr., Asst. Atty. Gen., Mike Moore, AG, Jackson, MS, for respondents-appellees.

Before JONES, DUHÉ, and WIENER, Circuit Judges.


WIENER, Circuit Judge.

In this petition for a writ of habeas corpus, Petitioner-Appellant Mack Arthur King appeals the district court's denial of his petition, challenging, inter alia, the constitutionality of the jury instruction, which informed the jury — without limiting instruction — that the "especially heinous, atrocious or cruel" nature of the murder was an aggravating factor for consideration in determining whether the death penalty should be...

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