On remand from reversal of district court’s grant of habeas relief on defendant’s Sixth Amendment claim, district court’s conditional grant of defendant’s petition for a writ of habeas corpus is affirmed where: 1) defendant’s challenge to the state trial court’s sentencing process has obvious merit, as the trial court did not consider non-statutory aggravators in the balancing process used to determine defendant’s death sentence, obviously in error; and 2) defendant’s habeas claims actually before the court are meritless and the claims defendant declined to pursue are waived.
Read Corcoran v. Levenhagen, No. 07-2093
Appellate Information
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division
Decided January 27, 2010
Judges
Before: Bauer, WIlliams and Sykes, Circuit Judges
Opinion by Circuit Judge Bauer
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