Horn, No. 03-9010, 03-9011 In a capital-murder case, petition for a writ of habeas corpus is granted where: 1) the time period for filing the petition was tolled during state-court proceedings, and the federal petition was therefore timely; 2) the state fugitive-forfeiture rule did not apply to procedurally default the petition; 3) the jury instructions and verdict sheet that were used during the penalty phase of petitioner's trial denied him due process of law pursuant to Mills v. [read post]

Horn, No. 03-9008, 03-9009 "Grant of a habeas petition vacating petitioner's death sentence is vacated and remanded to the extent that the writ was granted on the basis of Mills v. [read post]