Janette Price, Warden v. Duyonn Andre Vincent

538 U. S. (2003)

JANETTE PRICE, WARDEN, PETITIONER

v.

DUYONN ANDRE VINCENT.

No. 02-524.

Supreme Court of United States.

Argued April 21, 2003.

Decided May 19, 2003.

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

At respondent's trial on an open murder charge, defense counsel moved, at the close of the prosecution's case in chief and outside the jury's hearing, for a directed verdict of acquittal as to first-degree murder. The trial judge stated that second-degree murder was "`an appropriate…