United States Sixth Circuit

In a death penalty case, denial of a petition for a writ of habeas corpus is affirmed where the district court correctly rejected claims that: 1) petitioner's Miranda rights had been violated by police actions in this case, which included four instances of questioning, each following a Miranda warning, over a six-hour period; 2) penalty phase jury instructions were constitutionally deficient; and 3) prosecutorial misconduct denied him due process.

Appellate Information

• Decided 11/12/2008
• Published 11/12/2008

Judges

• Before: MERRITT, COLE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David C. Stebbins, Federal Public Defender's Office, Columbus, Ohio, Kathleen A. McGarry, McGarry Law Office, Glorieta, New Mexico, for Appellant.  Stephen E. Maher, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.   ON BRIEF:  David C. Stebbins, Federal Public Defender's Office, Columbus, Ohio, Kathleen A. McGarry, McGarry Law Office, Glorieta, New Mexico, for Appellant.  Stephen E. Maher, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.