United States Eighth Circuit

Grant of habeas relief for defendant in a capital murder case is affirmed where the Antiterrorism and Effective Death Penalty Act does not bar such relief since there could be no interpretation of certain inflammatory remarks by a prosecutor that would be reasonable under the various applicable United States Supreme Court precedents.

Appellate Information

• Decided 02/16/2006
• Published 02/16/2006

Judges

• MELLOY, Circuit Judge., Before BYE, BOWMAN, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Assistant Atty. Gen., Michael J. Spillane, argued, Jefferson City, MO (Asst. Atty. Gen., Stephen D. Hawke, on the brief), for appellant/cross-appellee., Eric W. Butts,argued, St. Louis, MO, for appellee/cross-appellant.