Smith v. Lucas

Before us are an appeal and cross-appeal from the district court’s order of February 3, 1994, which prohibits the State of Mississippi “from seeking to resentence the Petitioner Willie Albert Smith to the death penalty.” Memorandum Opinion and Order entered February 3, 1994 (the “February 3 Order”). The State challenges the order as exceeding our mandate in Smith v. Black, 970 F.2d 1383 (5th Cir.1992) (“Smith III ”) — as interpreted in Smith v. Lucas, 9 F.3d 359 (5th Cir.1993) (“Smith IV”) — and the district court’s authority under federal law. Smith complains that the order does not go far…