Corcoran v. Levenhagen, No. 07-2093

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.      

Read Corcoran v. Levenhagen, No. 07-2093

Appellate Information

Appeal from the United States District Court for the Northern District of Indiana, South Bend Division

Decided January 27, 2010

Judges

Before:  Bauer, WIlliams and Sykes, Circuit Judges

Opinion by Circuit Judge  Bauer