001975P.pdf   12/14/2001  USA  v.  Daniel Lewis Lee
   U.S. Court of Appeals Case No:  00-1975
   Eastern District of Arkansas   
   Criminal case - criminal law. District court erred in ordering a 
   new penalty phase proceeding; the Department of Justice's 
   death penalty protocol does not create enforceable rights in 
   the defendant; district court did not err in permitting defense 
   psychologist to be cross-examined about defendant's past bad 
   acts; government's mental health expert's testimony that 
   defendant did not show remorse was not unfairly prejudicial; 
   defendant had no right to advance notice of the evidence the 
   government would introduce at the penalty phase; the evidence 
   the government introduced at the penalty phase was not 
   prohibited by its prehearing statement or preapproved jury 
   instructions.