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SMITH v. STATE

No. 93-DP-00670.

648 So.2d 63 (1994)

Willie Albert SMITH v. STATE of Mississippi.

Supreme Court of Mississippi.

December 21, 1994.

Attorney(s) appearing for the Case

Percy Stanfield, Stanfield Carmody Coxwell & Clark, Jackson, John J. Kenney, Brad N. Friedman, David E. Massengill, Simpson Thacher & Bartlett, New York City, for appellant.

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

EN BANC.

ON MOTION AND APPLICATION FOR A LIFE SENTENCE, OR IN THE ALTERNATIVE, FOR A NEW SENTENCING HEARING

HAWKINS, Chief Justice, for the court:

I. PROCEDURAL HISTORY

On July 30, 1981, Willie Albert Smith was convicted of capital murder and sentenced to death pursuant to jury verdict in the Circuit Court of Hinds County. His conviction and sentence was affirmed and petition for rehearing denied by this Court. Smith v. State,

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