United States Eighth Circuit

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Smulls v. Roper, 05-2456

Denial of habeas relief in a death penalty case is affirmed where: 1) state courts' Batson ruling was not contrary to and did not involve an unreasonable application of clearly established Supreme Court precedent, nor was it based on an unreasonable determination of the facts in light of the evidence presented to the state courts; and 2) the original panel's opinion rejecting meritless Batson-related ineffective assistance of counsel claims is reinstated. (En banc opinion)

Appellate Information

  • Decided 07/29/2008
  • Published 07/29/2008


  • HANSEN, Circuit Judge., Before LOKEN, Chief Judge, WOLLMAN, HANSEN, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and SHEPHERD, Circuit Judges, En Banc.


  • United States Eighth Circuit


  • For Appellant:
  • Cheryl A. Pilate, Morgan Pilate, LLC, Olathe, KS, argued (Charles M. Rogers, Jeremy S. Weis, Wyrsch Hobbs & Mirakian, P.C., Kansas City, 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.