Stephens v. Kemp

OWENS, Chief Judge:

Petitioner Alpha Otis O’Daniel Stephens is before this court on his third application for habeas corpus relief under 28 U.S.C.A. § 2254 (West 1977). 1 In his petition, petitioner asserts only one claim in support of his prayer for relief: the inadequacy of the trial court’s instructions to the jury regarding the meaning and role of mitigating circumstances.

The respondent has answered by denying that any of petitioner’s constitutional rights have been violated as a result of the sentencing phase charge. The respondent further pleads that this action constitutes an abuse of…