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TIMBERLAKE v. DAVIS

No. 04-2315.

409 F.3d 819 (2005)

Norman TIMBERLAKE, Petitioner-Appellant, v. Cecil DAVIS, Superintendent, Indiana State Prison, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 27, 2005.

Attorney(s) appearing for the Case

Brent Westerfeld (argued), Indianapolis, IN, Lorinda Meier Youngcourt, Huron, IN, for Petitioner-Appellant.

James B. Martin (argued), Steve Carter, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before EASTERBROOK, RIPPLE, and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

Norman Timberlake and Tommy McElroy stopped their car and proceeded to urinate by the side of a highway. A state trooper arrived and learned that McElroy was a fugitive. While trooper Greene was taking McElroy into custody, Timberlake shot and killed Greene. A jury convicted Timberlake of murder and unanimously recommended that he be sentenced to death on the basis of a statutory aggravating factor: the victim was a police officer acting...

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