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The Sixth Circuit upholds the vacateur of Spisak

By Karl R. Keys, Esq.

The Sixth Circuit on Friday let stand Spisak v. Mitchell & its prior grant of penalty phase relief following a remand from the United States Supreme Court. On October 20, 2006, this Court issued an opinion partially granting habeas relief to Petitioner, Frank G. Spisak, and ordering a new mitigation phase trial. Spisak v. Mitchell, 465 F.3d 684 (6th Cir. 2006). Specifically, this Court found that Spisak received ineffective assistance of counsel and that the jury instructions at the penalty phase of Spisak?s trial unconstitutionally required the jury to be unanimous in its findings with respect to mitigating evidence. Respondent warden thereafter filed a petition for writ of certiorari with the United States Supreme Court. On October 9, 2007, the Supreme Court granted certiorari, vacated the judgment of this Court, and remanded the case to this Court for further consideration in light of Carey v...continue to full post

Full post as published by Capital Defense Weekly on April 12, 2008 (boomark / email).