United States Sixth Circuit

In a capital habeas matter, the denial of Petitioner's habeas petition is affirmed, where: 1) the state court of appeals was not unreasonable in holding that the prosecution's failure to provide Petitioner with a witness statement was not prejudicial; and 2) the prosecutor's reference to general deterrence was not contrary to clearly established law.

Appellate Information

• Decided 05/12/2009
• Published 05/12/2009

Judges

• Before: SILER, BATCHELDER, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  C. Eugene Shiles, Spears, Moore, Rebman & Williams, Chattanooga, Tennessee, for Appellant.  James E. Gaylord, Office of the Attorney General, Nashville, Tennessee, for Appellee.   ON BRIEF:  C. Eugene Shiles, Spears, Moore, Rebman & Williams, Chattanooga, Tennessee, Howell G. Clements, Clement & Cross, Chattanooga, Tennessee, for Appellant.  James E. Gaylord, Office of the Attorney General, Nashville, Tennessee, for Appellee.