United States Sixth Circuit

Because the court was in grave doubt about whether unconstitutional jury instruction, to presume malice from the use of a deadly weapon, prejudiced defendant's substantial rights by undermining his alternative theory of the killing based on "provocation," writ of habeas corpus issued.

Appellate Information

• Decided 04/30/2002
• Published 04/30/2002

Judges

• Before MERRITT, NORRIS, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• David C. Stebbins (briefed), Columbus, OH, Paul R. Bottei (argued and briefed), Federal Public Defender's Office, Nashville, TN, for Petitioner-Appellant.


• For Appellees:
  
• Alice B. Lustre, Glenn R. Pruden (argued and briefed), Office of the Attorney General, Nashville, TN, Michael E. Moore, Solicitor (briefed), Tennessee Attorney General's Office, Civil Litigation & State Services Div., Nashville, TN, for Respondent-Appellee.