James Cunningham, Jr., Cross-Appellant v. Walter Zant, Warden, Georgia Diagnostic and Classification Center, Cross-Appellee

JOHNSON, Circuit Judge:

The respondent Walter Zant appeals the district court’s order granting habeas relief and vacating the petitioner’s death sentence on the grounds that the trial court’s jury charge during the sentencing phase was constitutionally inadequate. Petitioner James Cunningham, Jr., cross-appeals the denial of his claims that his grand and petit juries were unconstitutionally composed, that the trial court’s charge during the guilt phase unconstitutionally shifted the burden of proof to the defendant, and that the performance of his counsel during the sentencing phase of the…