Alvin Hill, Cross-Appellant v. Lee Roy Black, Commissioner Mississippi Department of Corrections, Cross-Appellees

On Remand from the Supreme Court of the United States

BY THE COURT:

I

This cause has been remanded to us by the Supreme Court _ U.S. _, 111 S.Ct. 28, 112 L.Ed.2d 6 for further consideration in light of Clemons v. Mississippi, 494 U.S. _, 110 S.Ct. 1441, 108 L.Ed.2d 725 (1990).

II

On remand, Petitioner Hill urges us to apply Clemons to affirm his petition. In addition, he asserts a claim, previously unaddressed by this court, that the state trial court erred in refusing to charge the jury on lesser included offenses.

A. Clemons

Hill asserts that Clemons is fully applicable to his case and requires us…