Ronald R. Harries, Petitioner-Appellee/cross-Appellant v. Ricky Bell, Warden, Respondent-Appellant/cross-Appellee

COOK, Circuit Judge.

Ricky Bell, Warden for the State of Tennessee, appeals the district court’s order granting Ronald R. Harries a writ of habeas corpus as to the penalty phase of his trial, thereby vacating his death sentence. Harries cross-appeals from the district court’s denial of habeas corpus as to the guilt phase. We affirm the district court’s order granting the writ with respect to the sentence and denying the writ with respect to the conviction.

I. BACKGROUND

Harries shot and killed Rhonda Greene, a convenience-store clerk, during an armed robbery, and a Tennessee jury convicted him…