Larry Jones, Cross-Appellant v. Morris Thigpen, Commissioner, Mississippi Dept. Of Corrections, Cross-Appellee

REAVLEY, Circuit Judge:

Larry Jones was convicted in Mississippi of capital murder and was sentenced to death. After appealing his conviction and seeking collateral relief in the Mississippi state courts, Jones filed this petition for habeas corpus. The district court denied relief with regard to Jones’ conviction but vacated his death sentence on the grounds that he received ineffective assistance of counsel at the sentencing hearing and that the sentence violated Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982). The district court authorized the State, if it so chose,…