Mitchell v. Gibson

SEYMOUR, Circuit Judge.

Alfred Brian Mitchell, a state prisoner sentenced to death, appeals the disposition of his petition for habeas corpus relief under 28 U.S.C. § 2254. For the reasons set out below, we affirm the district court’s ruling that Mr. Mitchell’s conviction was not constitutionally infirm, but we reverse the district court’s decision upholding the imposition of the death penalty and grant Mr. Mitchell’s petition for habeas relief on his claim that the sentence violated his right to due process.

I

Background

The facts underlying Mr. Mitchell’s conviction and sentence are set out in…