United States Sixth Circuit

Plaintiff-inmate's sentence of death is reversed where the use of the heinous, atrocious, or cruel aggravating circumstance instruction violated his Eighth Amendment right.

Appellate Information

• Decided 01/13/2005
• Published 01/13/2005

Judges

• ROGERS, Circuit Judge., Before:  ROGERS, SUTTON, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Todd A. Rose, Burch, Porter & Johnson, Paris, Tennessee, J. Brooke Lathram, Burch, Porter & Johnson, Memphis, Tennessee, for Appellant.  Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, Michael E. Moore, Tennessee Attorney General's Office, Nashville, Tennessee, for Appellee.