United States Sixth Circuit

Denial of a post-conviction motion for relief regarding an enhanced sentence for arson resulting in death is affirmed over a claim of error that a jury was required to determine the fact of death beyond a reasonable doubt since petitioner never raised the issue, despite having the opportunity to do so.

Appellate Information

• Decided 01/19/2006
• Published 01/19/2006

Judges

• Before:  SILER, CLAY, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Terry M. Cushing, Monica Wheatley, Assistant United States Attorneys, Louisville, Kentucky, for Appellee.   Joe A. Logan, Sr., Greenville, Illinois, pro se.