United States Sixth Circuit

Instructions which left a jury with the impression that juror unanimity was required to mitigate the punishment from death to life imprisonment clearly violated the Eighth Amendment, thus a writ of habeas corpus must issue setting aside the death sentence.

Appellate Information

• Decided 02/04/2003
• Published 02/04/2003

Judges

• Before MERRITT, BOGGS, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Laurence E. Komp (argued and briefed), Baldwin, MO, John Patrick Parker (briefed), Cleveland, OH, for Appellant.


• For Appellees:
  
• Charles L. Wille (argued and briefed), Attorney General's Office of Ohio, Capital Crimes Section, Columbus, OH, for Appellee.