John Milton Hardy v. Commissioner, Alabama Department of Corrections

TJOFLAT, Circuit Judge:

John Milton Hardy is an Alabama prison inmate awaiting execution for a capital murder he committed with Charles Sneed, who likewise is awaiting execution. He has exhausted his state remedies, and a Federal District Court has denied his petition for a writ of habeas corpus. See 28 U.S.C. § 2254. He is here on appeal. His principal claims are that in requiring him to stand trial jointly with Sneed, the Alabama courts denied him due process of law, as guaranteed by the Fourteenth Amendment, and an individualized sentencing proceeding, as guaranteed by the Eighth Amendment.…