Willie Albert Smith v. Lee Roy Black, Commissioner, Mississippi Department of Corrections

On Remand from the Supreme Court of the United States

Before POLITZ, Chief Judge, KING and SMITH, Circuit Judges. KING, Circuit Judge:

The United States Supreme Court has vacated the judgment in this case and remanded for further consideration in light of Stringer v. Black, — U.S. -, 112 S.Ct. 1130, 117 L.Ed.2d 367 (1992). The facts and procedural history are set forth in great detail in the panel opinion, Smith v. Black, 904 F.2d 950 (5th Cir.1990), and we will repeat them here only as necessary for an understanding of the issues presented on remand.

I. BACKGROUND

Smith was convicted of the…