Roger Wheeler v. Thomas Simpson

GRIFFIN, J., delivered the opinion of the court in which MERRITT and WHITE, JJ., joined. MERRITT, J. (pg. 521), delivered a separate concurring opinion.

OPINION

GRIFFIN, Circuit Judge.

This habeas case returns to us on remand from the Supreme Court. Previously, this court granted habeas relief to petitioner Roger Wheeler based on the state trial court’s decision to remove a juror who could not give sufficient assurance of neutrality or impartiality in considering whether to impose the death penalty. See Wheeler v. Simpson, 779 F.3d 366, 374-75 (6th Cir.), rev’d sub nom. White v. Wheeler, — U.S.…