King v. Puckett

WIENER, Circuit Judge. In this petition for a writ of habeas corpus, Petitioner-Appellant Mack Arthur King appeals the district court's denial of his petition, challenging, inter alia, the constitutionality of the jury instruction, which informed the jury -- without limiting instruction -- that the ""especially heinous, atrocious or cruel"" nature of the murder was an aggravating factor for consideration in determining whether the death penalty should be imposed. Based on subsequent jurisprudential developments which clearly state that such an unlimited instruction is unconstitutional and may be challenged notwithstanding a defendant's failure to object at trial or on direct appeal, we remand to the district court with directions to issue the writ of habeas corpus within a reasonable time unless the state initiates appropriate proceedings.