JOHNSON, Circuit Judge:
In this capital case, petitioner-appellant David R. Rushing appeals the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2254. Because we find that the petitioner's eighth amendment right to be protected from imposition of the death penalty in an arbitrary and capricious manner was violated through the improper introduction of victim impact evidence, we vacate the death sentence and remand.
I...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.