Block on Trump's Asylum Ban Upheld by Supreme Court
On remand from reversal of district court's grant of habeas relief on defendant's Sixth Amendment claim, district court's conditional grant of defendant's petition for a writ of habeas corpus is affirmed where: 1) defendant's challenge to the state trial court's sentencing process has obvious merit, as the trial court did not consider non-statutory aggravators in the balancing process used to determine defendant's death sentence, obviously in error; and 2) defendant's habeas claims actually before the court are meritless and the claims defendant declined to pursue are waived.
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division
Decided January 27, 2010
Opinion by Circuit Judge Bauer