United States Eighth Circuit
Mark v. Ault, 06-3476, 06-3513
Grant of a petition for writ of habeas corpus in a first-degree murder case is reversed where petitioner was not entitled to habeas relief under the "contrary to" or "unreasonable application" provisions of 28 U.S.C. section 2254(d)(1) as the allegedly suppressed evidence, when considered collectively, does not require a conclusion that petitioner's due process rights were violated.
Appellate Information
- Decided 08/16/2007
- Published 08/16/2007
Judges
- GRUENDER, Circuit Judge., Before MELLOY, SMITH and GRUENDER, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellees:
- Counsel who presented argument on behalf of the appellant/cross-appellee was AAG Robert P. Ewald, Des Moines, Iowa., Counsel who presented argument on behalf of the appellee/cross-appellant was Paul Herschel Rosenberg, Des Moines, Iowa.