Pervis T. Payne v. Ricky Bell, Warden

OPINION

ROGERS, Circuit Judge.

Petitioner Pervis T. Payne was sentenced to death in a Tennessee state court for the murder of Charisse Christopher and her daughter Lacie Christopher. Payne appeals the district court’s denial of his petition for the writ of habeas corpus. On appeal, Payne alleges three constitutional violations: that during the penalty phase, his Eighth Amendment rights were violated by instruction on the ’ heinous, atrocious, or cruel aggravating circumstance; that his rights under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), were violated; and that he…