BENAVIDES, Circuit Judge:
Respondents appeal the district court's order granting appellee's petition for a writ of habeas corpus as to his sentence of death. For the reasons set forth below, we REVERSE and REMAND for further proceedings.
I.
On January 29, 1982, petitioner, James E. Billiot, was indicted for capital murder by a Hancock County, Mississippi grand jury. The indictment charged that, on November 26, 1981, Thanksgiving Day, Billiot, using...
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