United States Sixth Circuit

Denial of a petition for habeas relief challenging petitioner's conviction and death sentence for bludgeoning two elderly persons to death while hiding out after a robbery is affirmed over claims that: 1) the jury's improper consideration of the "heinous, atrocious, or cruel" (HAC) and "great risk of death" aggravating factors at sentencing has not been cured and so he deserved a new sentencing hearing; 2) the circuit should revisit its first decision's holding that petitioner's Brady claims were procedurally defaulted; 3) death by electrocution violates the Eighth Amendment; 4) the prosecutor made false arguments to the jury; 5) petitioner received ineffective assistance of counsel; 6) the judge gave misleading jury instructions; 7) women were systematically underrepresented as grand jury forepersons when petitioner was indicted; and 8) he was denied the right to counsel during trial.

Appellate Information

• Decided 06/19/2007
• Published 06/19/2007

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.