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PAYNE v. BELL

No. 02-5551.

399 F.3d 768 (2005)

Pervis T. PAYNE, Petitioner-Appellant, v. Ricky BELL, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 13, 2005.

Attorney(s) appearing for the Case

ARGUED: Todd A. Rose, J. Brooke Lathram, Burch, Porter & Johnson, Memphis, Tennessee, for Appellant. Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Todd A. Rose, J. Brooke Lathram, W. Les Jones, Jr., Burch, Porter & Johnson, Memphis, Tennessee, for Appellant. Joseph F. Whalen III, Office of the Attorney General, Nashville, Tennessee, for Appellee.

Before: ROGERS, SUTTON, and COOK, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

Petitioner Pervis T. Payne was sentenced to death in a Tennessee state court for the murder of Charisse Christopher and her daughter Lacie Christopher. Payne appeals the district court's denial of his petition for the writ of habeas corpus. On appeal, Payne alleges three constitutional violations: that during the penalty phase, his Eighth Amendment rights were violated by instruction on the heinous, atrocious, or cruel aggravating...

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