Austin v. Bell

MEMORANDUM

JOHN T. NIXON, Chief Judge.

Pending before the Court in the above-styled action are Petitioner’s remaining arguments for habeas corpus relief. The Court has already granted Petitioner habeas corpus relief based on three arguments that Petitioner raised in his Motion for Summary Judgment. 1 The Court now considers the remaining claims in Petitioner’s Amended Habeas Corpus Petition (Doc. No. 64). The Court considers the following issues:

1. The constitutionality of the jury’s instruction regarding “heinous, atrocious or cruel aggravating circumstances” under Tenn.Code .Ann. §…