United States Eighth Circuit

Denial of habeas relief in a death penalty case is affirmed over claims of error regarding: 1) whether petitioner's rights under the Sixth and Fourteenth Amendments were violated when the district court denied him access to a witness's psychotherapist records; 2) whether trial counsel was ineffective at a pre-trial suppression hearing; 3) trial counsel was ineffective in failing to raise a challenge to a refusal to admit a witness's testimony; 4) an aggravating circumstance that the murder was committed in "an especially cruel manner"; 5) the use of victim impact testimony at the sentencing phase; 6) a change of venue; and 7) whether the certificate of appealability should be expanded to include a claim regarding DNA testing of evidence.

Appellate Information

• Decided 08/08/2008
• Published 08/08/2008

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeffrey M. Rosenzweig, argued, Litte Rock, AR, for appellant.


• For Appellees:
  
• Lauren Elizabeth Heil, AAG, argued, Kent G. Holt, on the brief, Little Rock, AR, for appellee.