GRIM v. MCDONOUGH
Filing 23
ORDER ON PETITION FOR WRIT OF HABEAS CORPUS. The 1 petition for issuance of a writ of habeas corpus is DENIED. Pet may appeal and a certificate of appealability is issued for appeal on the issue of whether the jury trial guarante es of the Sixth Amendment and/or the Indictment Clause of the Fifth Amendment, applicable to the states through the Fourteenth Amendment, require(s) that capital aggravating factors must be found by the grand jury and charged in the indictment in a state capital prosecution. Signed by District Judge M CASEY RODGERS on March 31, 2011. (kvg)
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