United States Eighth Circuit

Denial of a petition for habeas relief in a death penalty case is affirmed over claims regarding whether: 1) trial counsel were ineffective for failing to investigate and present evidence of his mental, medical, and physical history; 2) they were ineffective for failing to investigate and assert his incompetence to stand trial; and 3) petitioner has a constitutional right to competence during federal habeas corpus proceedings and, if so, whether the right was violated.

Appellate Information

• Decided 07/22/2008
• Published 07/22/2008

Judges

• COLLOTON, Circuit Judge., Before COLLOTON, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Sean O'Brien, argued, Kansas City, MO, Jennifer A. Merrigan, Kansas City, MO, Robert L. McGlasson, Decator, GA, on the brief, for appellant.


• For Appellees:
  
• Richard Broughton, Dept. of Justice, argued, Washington, DC, Steven Snider, AUSA, William Cromwell, AUSA, Forth Smith, AR, on the brief, for appellee.