Wallace Norrell Thomas v. Charlie Jones, Warden, and the Attorney General of the State of Alabama

FAY, Circuit Judge:

Defendant Wallace Norrell Thomas appeals the district court’s dismissal with prejudice of his petition for a writ of habe-as corpus. Defendant contends that the district court erred in finding that defendant’s constitutional rights were not violated at the sentencing hearing when the state trial judge, knowing the jury had not reached a final decision, sequestered the jury for the evening with instructions to continue deliberations in the morning. Defendant argues that the trial judge should have accepted the jury’s lack of unanimity and sentenced the defendant to life…