United States Sixth Circuit

A habeas writ was correctly issued where the state violated the Eighth Amendment and Ohio law in failing to either charge defendant in the indictment with the aggravated circumstance for which the death penalty was imposed, or instruct the jury on the aggravating circumstance and have the jury reach a verdict on the existence of that circumstance.

Appellate Information

• Decided 11/05/2002
• Published 11/05/2002

Judges

• Before:  MERRITT, SUHRHEINRICH, and DAUGHTREY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Paul L. Nelson (briefed), Federal Public Defenders Office, Western District of Michigan, Grand Rapids, MI, David M. Porter, Sacramento, CA, for Amicus Curiae in 00-4615, 01-3025.


• For Appellees:
  
• Jeffry F. Kelleher (briefed), Cleveland, OH, Angela Wilson Miller (argued and briefed), Columbus, OH, for Petitioner-Appellee Cross-Appellant in 00-4615, 01-3025., Charles L. Wille (argued and briefed), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Respondent-Appellant Cross-Appellee in 00-4615, 01-3025.