distinguishing Green v. Georgia , 442 U.S. 95 (1979) (per curiam)
How later courts described this case
- distinguishing Green v. Georgia , 442 U.S. 95 (1979) (per curiam)
Written by the judges who cited it.
The opinion
*1086 LANE, Judge,
dissenting.
I must respectfully dissent to the Order denying rehearing in this case. For reasons fully expressed in my dissent to the original appeal, I believe the evidence is insufficient to support the jury’s finding of the “especially heinous, atrocious or cruel” aggravating factor. Therefore, I would grant rehearing, and reverse and remand for resentencing.