Daryl Shurn v. Paul Delo, Superintendent

BRIGHT, Circuit Judge.

A jury convicted Daryl Shurn of first-degree murder for his participation in the shooting death of Charles Taylor. The trial court sentenced Shurn to death after the jury failed to agree on punishment. Shurn appeals the denial of his petition for a writ of habeas corpus.1 28 U.S.C. § 2254 (1999). He challenges his conviction and sentence. We affirm the conviction but vacate the death sentence. We remand with instructions that the district court issue a writ of habeas corpus releas*664ing Shurn from the sentence and ordering the State of Missouri either to sentence Shurn to…