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United States Eighth Circuit


Middleton v. Roper, 06-2907

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: 1) whether petitioner was denied his right to effective assistance of counsel and to due process of law when the state trial court refused to grant his requests for a continuance of the trial; 2) jury instructions; 3) the admission of a videotape and photograph showing the bodies of petitioner's murder victims in an uncharged case; and 4) the proportionality of the punishment.

Appellate Information

  • Decided 08/17/2007
  • Published 08/17/2007

Judges

  • COLLOTON, Circuit Judge., Before LOKEN, Chief Judge, ARNOLD and COLLOTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Cheryl A. Pilate, Wyrsch, Hobbs & Mirakian, P.C., Kansas City, MO, argued (Charles Rogers, on the brief), 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.
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