Philip G. Yates v. C. E. Breazeale, Superintendent of the Mississippi State Penitentiary, No.24792

BY THE COURT:

In 1964 and again in 1965 upon his pleas of guilty to murder, trial juries imposed upon Philip G. Yates the penalty of death, see Yates v. State, 251 Miss. 376, 169 So.2d 792 (1964); 253 Miss. 424, 175 So.2d 617 (Miss., 1965). The United States Supreme Court denied certiorari, 382 U.S. 931, 86 S.Ct. 321, 15 L.Ed.2d 342 (1965).

Subsequently, Yates sought habeas corpus relief in the federal courts, culminating in the decision of this Court in Yates v. Breazeale, 5 Cir., 1968, 402 F.2d 113. Yates was there denied all relief except remand for a Witherspoon hearing, Witherspoon v.…