United States Sixth Circuit

Defendant's death sentence is vacated where state prosecutors engaged in prejudicial misconduct in violation of the Due Process Clause when the jury was not given mitigating circumstances that may have led it to reject the death penalty.

Appellate Information

• Decided 03/23/2005
• Published 03/23/2005

Judges

• Before:  MERRITT, BATCHELDER, and MOORE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephen M. Kissinger, Federal Defender Services, Knoxville, Tennessee, for Appellant.  Alice B. Lustre, Office of the Attorney General, Nashville, Tennessee, for Appellee.   ON BRIEF:  Stephen M. Kissinger, Federal Defender Services, Knoxville, Tennessee, for Appellant.  Alice B. Lustre, Gordon W. Smith, Office of the Attorney General, Nashville, Tennessee, for Appellee.