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AUSTIN v. BELL

No. 96-5754.

126 F.3d 843 (1997)

Richard H. AUSTIN, Petitioner-Appellee, v. Ricky BELL, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 2, 1997.

Attorney(s) appearing for the Case

Larry D. Woods (argued), Woods & Woods, Michele D. Collins (briefed), Law Office of Michele D. Collins, Nashville, TN, for Petitioner-Appellee.

Gordon W. Smith, Asst. Attorney General (briefed), Glenn R. Pruden (briefed), Office of the Attorney General, Criminal Justice Division, John H. Baker, III, Office of the Attorney General, Michael E. Moore (argued and briefed), Office of the Attorney General, Nashville, TN, for Respondent-Appellant.

Before: MARTIN, Chief Judge; MERRITT and SUHRHEINRICH, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

Respondent Warden Ricky Bell ("Warden Bell") appeals from summary judgment for Petitioner Richard H. Austin ("Austin") on his application for a writ of habeas corpus. Austin was convicted of first degree murder and sentenced to death by a jury in a Tennessee state court for contracting the murder of an undercover police agent. Warden Bell raises three issues: (1) whether the reasonable doubt instruction unconstitutionally...

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