United States Eighth Circuit

Denial of a petition for habeas corpus is affirmed where: 1) the Missouri procedural rule requiring sufficient pleading before granting an evidentiary hearing on ineffective assistance of counsel constituted independent and adequate state grounds barring federal review; 2) there was no clear and convincing evidence of discriminatory intent in jury selection; and 3) the prosecutor's comments at trial did not deny defendant due process.

Appellate Information

• Decided 09/05/2008
• Published 09/05/2008

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Elizabeth Unger Carlyle, Columbus, MS, argued (Richard H. Sindel, Sindel, Sindel & Noble, P.C., Clayton, 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.