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McKENNA v. McDANIEL

Nos. 93-99001, 93-99002.

65 F.3d 1483 (1995)

Patrick Charles McKENNA, Petitioner-Appellee-Cross-Appellant, v. Ed K. McDANIEL, Warden of the State of Nevada, Respondent-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn July 20, 1994.

Resubmitted November 1, 1994.

Decided September 15, 1995.

Attorney(s) appearing for the Case

David F. Sarnowski, Chief Deputy Attorney General, Carson City, NV, for respondent-appellant-cross-appellee.

John J. Graves, Graves & Leavitt, Las Vegas, NV; Cal J. Potter, III, Potter Law Offices, Las Vegas, NV, for petitioner-appellee-cross-appellant.

Michael Pescetta, Nevada Appellate and Postconviction Project, Las Vegas, NV, for amicus curiae.

Before: HUG, CYNTHIA HOLCOMB HALL, and TROTT, Circuit Judges.

HUG, Circuit Judge:

Petitioner, Patrick Charles McKenna, filed a petition for a writ of habeas corpus contesting the validity of his conviction for first-degree murder, a crime for which he was sentenced to death. The district court upheld the conviction but held that the jury instruction regarding depravity of mind was unconstitutionally vague as given to the jury and, therefore, was an impermissible aggravating circumstance...

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