William Gibbs Hyman v. James Aiken, Warden, Cci, and Travis Medlock, Attorney General, State of South Carolina

BUTZNER, Senior Circuit Judge:

The Supreme Court vacated the judgment of this court and directed us to consider the conviction and death sentence of William G. Hyman in light of its intervening decisions in Rose v. Clark, — U.S. -, 106 S.Ct. 3101, 92 L.Ed.2d 460 (1986), and Cabana v. Bullock, 474 U.S. 376, 106 S.Ct. 689, 88 L.Ed.2d 704 (1986). Upon reconsideration, we reverse the judgment of the district court and remand the case with instructions to grant a writ of habeas corpus unless within a reasonable time the state retries Hyman.

Judge Russell and Judge Widener concur in Parts I, II, III,…