Ronald Cauthern v. Ricky Bell

Filing

OPINION and JUDGMENT filed: The judgment of the district court with respect to Petitioner's claims under Eddings and Brady and the state's use of the heinous, atrocious, or cruel aggravator at sentencing is AFFIRMED. The petition for a conditional writ of habeas corpus based on Petitioner's claims of ineffective assistance of counsel and prosecutorial misconduct is GRANTED, and the state is ORDERED to commence resentencing proceedings for Petitioner within 180 days of the filing date of this judgment or vacate Petitioner's sentence of death. Decision for publication. R. Guy Cole, Jr., Eric L. Clay (AUTHORING), and John M. Rogers (DISSENTING FROM PARTS III.B and VI.B.1. OF THE MAJORITY'S OPINION), Circuit Judges.

Case: 10-5759

Document: 006111882343

Filed: 11/14/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540
POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Deborah S. Hunt
Clerk

Tel. [phone]
www.ca6.uscourts.gov

Filed: November 14, 2013

Mr. Michael J. Benza
Law Office of Michael J. Benza
17850 Geauga Lake Road
Chagrin Falls, OH 44023
Mr. Paul Joseph Bruno
218 Third Avenue, N., Suite 200
Nashville, TN 37201
Mr. Laurence E. Komp
P.O. Box 1785
Manchester, MO 63011-0000
Mr. Andrew H. Smith
Office of the Tennessee Attorney General
P.O. Box 20207
Nashville, TN 37202
Re: Case No. 10-5759, Ronald Cauthern v. Roland Colson
Originating Case No. : 3:04-cv-1100
Dear Counsel,
The court today announced its decision in the above-styled case.
Enclosed is a copy of the court's opinion together with the judgment which has been entered
in conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Deborah S. Hunt, Clerk

Case: 10-5759

Document: 006111882343

Filed: 11/14/2013

Cathryn Lovely
Deputy Clerk
cc: Mr. Keith Throckmorton
Enclosures
Mandate to issue.

Page: 2