Waiters v. Lee

DEBRA ANN LIVINGSTON, Circuit Judge:

Petitioner-Appellee General Waiters (‘Waiters”) got into an argument at the home of his then girlfriend, Jacqueline Warren (“Warren”), one Sunday morning in May 2006 which began, as Warren testified, when she told Waiters that he’d had “too much to drink.” Trial Tr. at 399. It ended when Waiters pulled out a revolver and fired repeatedly at Lorenzo, Warren’s adult son who had intervened on his mother’s behalf, injuring both Lorenzo and Warren’s 14-year old daughter, and killing Warren’s aunt and her aunt’s three-year-old grandchild. Following a jury trial,…