HOWELL v. MISSISSIPPI

No. 03-9560.

543 U.S. 440 (2005)

HOWELL, AKA COX v. MISSISSIPPI

Supreme Court of United States.

Decided January 24, 2005.


Attorney(s) appearing for the Case

Ronnie Monroe Mitchell argued the cause for petitioner. With him on the briefs were André de Gruy, Duncan Lott, and William Odum Richardson, by appointment of the Court, 543 U.S. 977.

Jim Hood, Attorney General of Mississippi, argued the cause for respondent. With him on the brief was Judy Thomas Martin, Special Assistant Attorney General.*


PER CURIAM.

Petitioner Marlon Howell contends that the Mississippi courts violated his rights under the Eighth and Fourteenth Amendments to the United States Constitution by refusing to require a jury instruction about a lesser included offense in his capital case. He did not, however, raise this claim in the Supreme Court of Mississippi, which unsurprisingly did not address it. As a result, we dismiss the writ of certiorari...

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