United States Eighth Circuit

Denial of a petition for a writ of habeas corpus in a first-degree murder case is affirmed where a claim that petitioner was denied due process when a state court denied a heat-of-passion manslaughter instruction was not fairly presented in state court as a federal claim, and thus, was procedurally defaulted.

Appellate Information

• Decided 06/05/2007
• Published 06/05/2007

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Deborah K. Ellis, argued, St. Paul, MN, for appellant.


• For Appellees:
  
• Kimberly Parker, Asst. Atty. Gen., argued, St. Paul, MN, for appellee.