AIKEN, WARDEN

v.

HYMAN; AND HYMAN V. AIKEN, WARDEN

Citator

Cited By

• Spivey v. Head, 207 F.3d 1263 (11th Cir. 2000)
  …9, 1459 (11th Cir.1985). When assessing this type of claim, this Court examines the entire context of the judicial proceeding to determine if it was fundamentally unfair. See Brooks v. Kemp, 762 F. 2d 1383, 1400 (11th Cir.1985) (en banc), vacated, 478 U.S. 1016, 106 S.Ct. 3325, 92 L.Ed.2d 732 (1986), reinstated, 809 F. 2d 700 (1987). Not every improper prosecutorial remark, therefore, renders the trial unfair. See id. Improper arguments do, however, render the capital sentencing hearing fundamentally unf…
• People OF Territory OF Guam v. Muna, 999 F.2d 397 (9th Cir. 1993)
  …ntellectual level, he was aware of the nature of his actions. We conclude that the trial court’s conclusion is amply supported and not clearly erroneous. Muna relies on Corn v. Zant, 708 F. 2d 549 (11th Cir.1983), vacated, in part on other grounds, 478 U.S. 1016, 106 S.Ct. 3326, 92 L.Ed.2d 732 (1986), for the proposition that statements made during mental incompetency are involuntary, and contends that this is such a case. We find Corn v. Zant inappo-site and Muna’s argument unpersuasive. In that case, the…