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NIXON v. EPPS

No. 02-60385.

405 F.3d 318 (2005)

John B. NIXON, Sr., also known as John B. Nixon, Jr., Petitioner-Appellant, v. Christopher B. EPPS, Commissioner, Mississippi Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 31, 2005.

Attorney(s) appearing for the Case

Brian F. Toohey, David Eduard Mills, Jones Day, Cleveland, OH, for Petitioner-Appellant.

Marvin L. White, Jr., Jackson, MS, for Respondent-Appellee.

Before JONES, SMITH and BENAVIDES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

This habeas appeal arises out of the January 1985 murder for hire of Virginia Tucker. John B. Nixon, Sr. was convicted of capital murder by a Rankin County, Mississippi, jury after a three-day trial. In the penalty phase of the trial the jury returned a death penalty verdict, finding that the capital offense was committed for pecuniary gain, that the murder was especially heinous, atrocious and cruel, and that the defendant had previously...

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