United States Sixth Circuit

In a death penalty case, denial of a petition for a writ of habeas corpus is affirmed over claims regarding whether: 1) petitioner procedurally defaulted his claim that his accomplice testified falsely at his trial; 2) women were underrepresented in the selection of the foreperson for the grand jury in violation of due process and the right to a fair cross-section of the community serving on his jury; 3) his counsel rendered ineffective assistance during the sentencing phase; 4) whether the trial court improperly instructed the jury that it had to unanimously find any mitigating factors in sentencing him; 5) whether the prosecutor improperly appealed to the jury to "send a message" as a reason for sentencing him to death; and 6) whether the prosecutor improperly vouched for the testimony of petitioner's accomplice.

Appellate Information

• Decided 05/15/2007
• Published 05/15/2007

Judges

• Before:  SILER, COLE, and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Paul S. Davidson, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, for Appellant.  Alice B. Lustre, Office of the Attorney General, Nashville, Tennessee, for Appellee.   ON BRIEF:  Paul S. Davidson, Waller, Lansden, Dortch & Davis, Nashville, Tennessee, Paul R. Bottei, Federal Public Defender's Office, Nashville, Tennessee, for Appellant.  Alice B. Lustre, Office of the Attorney General, Nashville, Tennessee, for Appellee.