United States Sixth Circuit

Denial of a petition for a writ of habeas corpus from a conviction for second degree murder is affirmed over challenges to the sufficiency of the evidence and ineffective assistance of counsel, based on the fact that, subsequent to petitioner's conviction, Tennessee law regarding the scienter required for second degree murder was clarified so as to require that a person be aware that the nature of his conduct is reasonably certain to result in death.

Appellate Information

• Decided 02/13/2008
• Published 02/13/2008

Judges

• Before:  KENNEDY, MARTIN, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Christopher R. Pudelski, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., for Appellant.  David H. Findley, Office of the Attorney General, Nashville, Tennessee, for Appellee.   ON BRIEF:  Christopher R. Pudelski, Steven C. Wu, Akin, Gump, Strauss, Hauer & Feld, Washington, D.C., for Appellant.  David H. Findley, Office of the Attorney General, Nashville, Tennessee, for Appellee.