Roger Wheeler v. Thomas Simpson

OPINION

MERRITT, Circuit Judge.

This death penalty case from the Kentucky courts arises from the brutal murder of two victims in October of 1997. For reasons explained below, we conclude that a writ of habeas corpus must be issued as to the death sentence because the Kentucky trial court erroneously struck from the jury a Mr. Kovatch, an eligible juror who may have been in favor of sparing the Petitioner’s life. The state trial court, after a full examination of Mr. Kovatch at voir dire, found him not to be “problematic” as a juror but one who “could consider the entire range” of penalties.…