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NELSON v. NAGLE

No. 91-7797.

995 F.2d 1549 (1993)

David Larry NELSON, Petitioner-Appellant, Cross-Appellee, v. John E. NAGLE, Warden, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 8, 1993.

Attorney(s) appearing for the Case

Bryan A. Stevenson, Alabama Capital Representation Resource Center, Montgomery, AL, for petitioner-appellant.

Sandra J. Stewart, Kenneth S. Nunnelley, Asst. Attys. Gen., Alabama State Atty. General's Office, Montgomery, AL, for respondent-appellee.

Before KRAVITCH, HATCHETT and ANDERSON, Circuit Judges.

PER CURIAM:

In this capital case, we affirm the district court's decision granting appellant's petition for writ of habeas corpus requiring new penalty phase proceedings because the prosecutor's reading of a portion of the Eberhart case (Eberhart v. State, 47 Ga. 598 (1873)) rendered the penalty phase of appellant's trial fundamentally unfair.

FACTS

On August 28, 1974, David Larry Nelson, the appellant, pleaded guilty to murder in the...

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