Petition for habeas relief from capital murder conviction
Sanborn v. Parker, 07-5309, concerned a challenge to the district court's denial of defendant's petition for habeas relief from his capital murder conviction for the most part but grant in part on the grounds that the admission of certain testimony at the penalty phase constituted unconstitutional governmental interference with the right to counsel in violation of the Sixth Amendment.
Sanborn v. Parker, 07-5309, concerned a challenge to the district court's denial of defendant's petition for habeas relief from his capital murder conviction for the most part but grant in part on the grounds that the admission of certain testimony at the penalty phase constituted unconstitutional governmental interference with the right to counsel in violation of the Sixth Amendment.
The court held that, because the defendant has not demonstrated that the
use of a witness's testimony during his trial was a constitutionally
impermissible intrusion, nor that it was prejudicial, the Kentucky
Supreme Court did not act contrary to Weatherford or any other clearly
established federal law in holding that the Commonwealth's use of that
testimony did not violated his rights to counsel, and as such, district
court's grant of habeas relief on those grounds is reversed. In
affirming in part, the court held that because the Kentucky Supreme
Court's decision on defendant's claim of interference with
attorney-client and priest-penitent privileges was predicated on its
determination, as a matter of state law, neither Kentucky's
attorney-client privilege nor its priest-penitent privilege extended to
defendant. The court also held that evidence at defendant's second
trial was constitutionally sufficient to prove beyond a reasonable doubt
the existence of the aggravating factors of rape and sodomy. Further,
defendant's second state court trial did not violate his Fifth Amendment
rights by placing him in double jeopardy. Lastly, the court held that
defendant's Sixth Amendment right to effective assistance of counsel
during the guilt phase of trial was not violated.
Related Link:
Related Link:
- Read the Sixth Circuit's Full Decision in Sanborn v. Parker, 07-5309
