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LOCKETT v. ANDERSON

No. 98-60019.

230 F.3d 695 (2000)

Carl Daniel LOCKETT, Petitioner-Appellee-Cross-Appellant, v. James V. ANDERSON, Superintendent, Mississippi State Penitentiary, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Revised October 16, 2000.

Attorney(s) appearing for the Case

Jeffrey L. Friesen (argued), Cravath, Swaine & Moore, New York City, for Lockett.

Marvin L. White, Jr. (argued), Jackson, MS, for Anderson.

Before JOLLY, BENAVIDES and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

We have an appeal by the State and a cross-appeal by the petitioner in this death penalty case, which arises from the state courts of Mississippi. We should first note that the appellant, Carl Daniel Lockett, killed two persons, Mr. Calhoun (Case # 1), and his wife, Mrs. Calhoun (Case # 2), for which he was separately tried, separately convicted, and separately sentenced. He is therefore under two death sentences, which have been consolidated...

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