Franklin v. Francis

OPINION & ORDER

MARBLEY, District Judge.

This cause comes before the Court on Petitioners’ Motion to Alter or Amend Judgment based on ostensibly new evidence of Wilford Lee Berry’s incompetence. Because this Court does not have jurisdiction to entertain this claim, the Motion must be DENIED.

I. Procedural History

On July 3, 1990, a jury found Wilford Lee Berry guilty of aggravated murder, aggravated robbery and aggravated burglary in the death of Charles Mitroff. When the mitigation phase of Berry’s trial commenced on July 30, 1990, Berry’s counsel raised, for the first time, the issue of his…