United States Sixth Circuit

Under Tennessee law, the state supreme court implicitly reviews death penalty sentences for arbitrariness, even in cases where the issue is not raised explicitly. Prisoner's death sentence must be vacated because one of the statutory aggravating circumstances the jury relied upon in imposing it--that the murders were "especially heinous, atrocious, or cruel"--is unconstitutionally vague and thus violates the Eighth Amendment.

Appellate Information

• Decided 03/01/2004
• Published 03/01/2004

Judges

• Before:  MERRITT, RYAN, and NORRIS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Jennifer L. Smith, Office of the Attorney General, Nashville, Tennessee, for Appellee.   ON BRIEF:  Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Jennifer L. Smith, Michael E. Moore, Office of the Attorney General, Nashville, Tennessee, for Appellee.