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SMITH v. LUCAS

No. 93-7630.

9 F.3d 359 (1993)

Willie Albert SMITH, Petitioner-Appellee, v. Eddie LUCAS, Commissioner, Mississippi Department of Corrections, et al., Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

December 6, 1993.

Attorney(s) appearing for the Case

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

Robert J. Brantley, Jackson, MS, John J. Kenny, David E. Massengill, Brad Friedman, Simpson, Thacher & Bartlett, New York City, Robert Lee, Jackson, MS, for petitioner-appellee.

Before POLITZ, Chief Judge, KING and SMITH, Circuit Judges.

KING, Circuit Judge:

The Commissioner of the Mississippi Department of Corrections (Respondent) appeals an order of the district court granting a writ of habeas corpus in favor of the petitioner, Willie Albert Smith, based upon the failure of the State of Mississippi to comply with the district court's order of November 23, 1992. In that order, the district court had declared that it would grant a writ of habeas corpus "as to Smith's death sentence" unless the State...

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