Danial Siebert v. Alabama

showing of pretrial publicity in each case inadequate to presume prejudice; actual prejudice standard applied | Florida’s limiting construction that required the murder to be a “conscienceless or pitiless crime which is unnecessarily tortuous to the victim” was approved | since trial judge and habeas judge were the same person, state judge is ordinarily in a better position to assess the facts | “Counsel’s failure to except to the reinstruction is indicative of an acceptance .... Under these circumstances, defense counsel has failed to preserve the challenge to the court’s instructions” | “Counsel’s failure to except to the reinstruction is indicative of an acceptance____Under these circumstances, defense counsel has failed to preserve the challenge to the court’s instructions” | nine photographs of the gunshot wound to the victim's face were admissible | multiple murders by one act, scheme, or course of conduct