United States Eighth Circuit

Denial of a petition for a writ of habeas corpus from a conviction for statutory rape of petitioner's stepdaughter is affirmed where due process and ineffective assistance claims in the habeas petition were procedurally defaulted as they had not been presented in petitioner's state court proceedings, and he failed to demonstrate cause and prejudice to excuse the default.

Appellate Information

• Decided 12/18/2006
• Published 12/18/2006

Judges

• HANSEN, Circuit Judge., Before RILEY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Cenobio Lozano, Jr., Harrisonville, MO, argued, for appellant.


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