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McNAIR v. CAMPBELL

Nos. 04-11440, 04-12700.

416 F.3d 1291 (2005)

Willie McNAIR, Petitioner-Appellee, v. Donal CAMPBELL, Commissioner, Alabama Department of Corrections, Troy King, The Attorney General of the State of Alabama, Leslie Thompson, Warden, Respondents-Appellants. Willie McNair, Petitioner-Appellant, v. Donal Campbell, Commissioner, Alabama Department of Corrections, Troy King, The Attorney General of the State of Alabama, Leslie Thompson, Warden, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

July 13, 2005.

Attorney(s) appearing for the Case

Kevin Christopher Newsome, J. Clayton Crenshaw, Anne Cole Adams, Montgomery, AL, for Respondents.

Cathleen I. Price (Court-Appointed), Randall S. Susskind (Court-Appointed), Equal Justice Initiative of AL, Montgomery, AL, for Petitioner.

Before TJOFLAT, ANDERSON and HULL, Circuit Judges.

ANDERSON, Circuit Judge:

Defendant Willie McNair was convicted in Alabama state court and sentenced to death for the robbery and murder of Ella Foy Riley. He received a new sentencing hearing on direct appeal and was again sentenced to death. After his second sentence was affirmed, McNair sought and was denied state habeas corpus relief. He then filed a federal habeas corpus petition pursuant to 28 U.S.C. § 2254. The district court granted the petition on the...

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