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CAUTHERN v. COLSON

No. 10-5759.

736 F.3d 465 (2013)

Ronald Michael CAUTHERN, Petitioner-Appellant, v. Roland COLSON, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 14, 2013.

Attorney(s) appearing for the Case

ARGUED: Laurence E. Komp , Manchester, Missouri, for Appellant.

Andrew Hamilton Smith , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

ON BRIEF: Laurence E. Komp , Manchester, Missouri, Paul J. Bruno , Nashville, Tennessee, for Appellant.

Andrew Hamilton Smith , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

Michael J. Benza , Case Western Reserve University School of Law, Cleveland, Ohio, for Amicus Curiae.

CLAY, J., delivered the opinion of the court, in which COLE, J., joined., and ROGERS, J., joined in part. ROGERS, J. (pp. 34-38), delivered a separate opinion dissenting from Parts III. B. and VI. B. 1. of the majority's opinion.

OPINION

CLAY, Circuit Judge.

Petitioner, a convicted murderer and rapist sentenced to death in Tennessee, sought a writ of habeas corpus pursuant to 28 U.S.C. § 2254(d). The district court denied his petition in its entirety, but granted Petitioner a certificate of appealability on one claim—that the state improperly excluded mitigation evidence at his resentencing hearing. This Court expanded the certificate to cover four additional claims....

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