United States Eighth Circuit

Denial of a petition for a writ of habeas corpus in a first-degree murder, death penalty case is affirmed over claims of error regarding the trial court's: 1) conducting a confusing and inadequate death qualification voir dire without defense participation; 2) prohibiting the defense from conducting follow-up voir dire after asking the jury about their ability to follow Missouri's diminished capacity instruction; 3) barring any voir dire of jurors concerning their potential reaction to the introduction of evidence of petitioner's involvement in two other Good Samaritan murders; and 4) finding that the prosecution did not commit a racially-motivated Batson violation for striking two black jurors.

Appellate Information

• Decided 06/21/2007
• Published 06/21/2007

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, BEAM, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jennifer Herndon, Florissant, MO, argued (S. Paige Canfield, St. Louis, 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.