United States Eighth Circuit

Denial of a petition for habeas relief challenging a conviction for aiding and abetting a first-degree murder in the course of a burglary, and for second degree murder, is affirmed over claims that: 1) prosecutors failed to disclose material, exculpatory evidence in violation of Brady; 2) prosecutors deprived petitioner of due process and a fair trial by using false and orchestrated testimony and vouching for the credibility of a witness; and 3) he was denied due process and deprived of a fair trial because one juror stated during voir dire that she would faithfully apply the law but averred post-trial that she failed to extend to him a presumption of innocence. (Substituted opinion)

Appellate Information

• Decided 06/19/2007
• Published 06/19/2007

Judges

• MELLOY, Circuit Judge., Before WOLLMAN and MELLOY, Circuit Judges, and NANGLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Deborah K. Ellis, St. Paul, Minnesota.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Kristin C. Larson, Anoka, Minnesota.