John Buford Irving, III v. State of Mississippi

This matter is presented to us in the form of a petition for rehearing of an opinion rendered by this Court wherein we affirmed John Buford Irvings sentence of death, for his role in the capital murder of store owner, Gambrell Ray. Following Irvings first trial both his conviction and death .sentence were affirmed by this Court in Irving v. State, 361 So. 2d 1350 (Miss. 1978). Subsequently Irvings death penalty was vacated by the United States District Court for the Northern District of Mississippi because that court concluded that Irving had received ineffective assistance of counsel. The District courts opinion did not vacate the jurys finding of guilt. Therefore, Irving was retried solely on the second phase of the bifurcated trial, the sentencing phase. A new jury was selected and Irving again received the death penalty. This Court affirmed that sentence of death in an opinion handed down August 24, 1983. It is from that affirmance that Irving now brings this petition for rehearing.