Thomas J. Fortenberry v. Michael W. Haley

Thomas Fortenberry, an Alabama prisoner under sentence of death, appeals the denial of his petition for a writ of habeas corpus. The district court rejected eighteen constitutional claims, seven of, them on the merits and the remaining eleven because of procedural default. The district court granted a Certificate of Appeal-ability (“COA”) with respect to all issues, three of which Fortenberry raises here. Fortenberry argues (1) that the prosecution used its peremptory challenges to discriminate unconstitutionally on the basis of race; (2) that the trial court’s “heinous, atrocious and cruel”…