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JONES v. SMITH

Civ. A. No. S81-0109(R).

685 F.Supp. 604 (1988)

Larry JONES, Petitioner, v. Larkin SMITH, Sheriff of Harrison County, Mississippi, Gene Scroggy, Commissioner, Mississippi Department of Corrections, Don Cabana, Warden, Mississippi State Penitentiary, Hon. Mike Moore, Attorney General, State of Mississippi, Hon. Glenn Cannon, District Attorney, Second Circuit Court District, State of Mississippi, Respondents.

United States District Court, S.D. Mississippi, S.D.

June 1, 1988.

Attorney(s) appearing for the Case

Jimmy D. McGuire, Gulfport, Keith Pisarich, Biloxi, Miss., T.H. Freeland, III, T.H. Freeland, IV, Tim F. Wilson, Freeland and Freeland, Lawyers, Oxford, Miss., for petitioner.

Marvin L. White, Jr., Sp. Asst. Mike Moore, Atty. Gen. State of Miss., Jackson, Miss., for respondents.

MEMORANDUM OPINION

DAN M. RUSSELL, Jr., District Judge.

This cause is before this Court on a Petition for Entry of a Writ of Habeas Corpus, a Temporary Restraining Order and/or Injunctive Relief and for Declaratory Judgment and/or Other Relief.

On March 19, 1975, Larry Jones (hereinafter referred to as the Petitioner) was found guilty of capital murder1 for participating in the killing of Arthur Weinberger on December...

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