Byron Ashley Parker v. Frederick J. Head

BARKETT, Circuit Judge:

Byron Ashley Parker appeals the denial of his petition for habeas corpus pursuant to 28 U.S.C. § 2254, following his conviction for murder and the imposition of the death penalty. On appeal, Parker argues that he is entitled to relief because:

1. His conviction and sentence were based upon inculpatory statements obtained after he had invoked his right to counsel, in violation of his Fifth and Sixth Amendment rights.

2. He was deprived of his Sixth and Eighth Amendment rights to due process and against cruel and unusual punishment by the improper comments of the prosecutor…