United States Eighth Circuit

Denial of habeas relief from a conviction for first degree murder and death sentence, and a denial of an evidentiary hearing on his competency, are affirmed over claims that: 1) he has a right not to proceed in habeas if he is not presently competent, and the district court erred in denying such claim without holding a hearing to determine his present competency; 2) the prosecutor violated his due process rights with several comments he made; 3) certain jury instructions were a violation of due process; and 4) the district court erred in refusing to grant him a hearing to determine if he is actually innocent.

Appellate Information

• Decided 02/01/2008
• Published 02/01/2008

Judges

• SMITH, Circuit Judge., Before BYE, BOWMAN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Elizabeth Unger Carlyle, argued, Columbus, MS, Susan M. Hunt, Kansas City, MO, on the brief, for appellant.


• For Appellees:
  
• Andrew W. Hassell, AAG, argued, Jefferson City, MO, for appellee.