United States Eighth Circuit

Habeas petitioner was deprived of effective assistance of counsel when his attorney failed to object to a first-degree murder instruction that omitted an essential element of the offense - that he "knowingly" caused the victim's death. Evidence of guilt was not so overwhelming as to permit the conclusion that he was not prejudiced thereby; petition granted.

Appellate Information

• Decided 04/07/2004
• Published 04/07/2004

Judges

• BEAM, Circuit Judge., Before LOKEN, Chief Judge, McMILLIAN, and BEAM, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Jeffrey A. Weber, Little Rock, AR.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Craig Lambert, Little Rock, AR.