United States Eighth Circuit

Denial of a habeas petition in a death penalty case is affirmed in part and reversed in part where the trial court refused to recognize and assess all relevant circumstances as required by clearly established federal law in relation to its denial of a Batson challenge arising from the prosecutor's striking of a black venireperson from the jury.

Appellate Information

• Decided 11/01/2006
• Published 11/01/2006

Judges

• HANSEN, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, HANSEN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges, En Banc.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Cheryl A. Pilate, Morgan Pilate, LLC, Olathe, KS, argued (Charles M. Rogers, Jeremy S. Weis, Wyrsch Hobbs & Mirakian, P.C., Kansas City, MO, on the brief), for appellant.


• For Appellees:
  
• Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., on the brief), for appellee.