United States Eighth Circuit

In a capital murder case, district court's judgment denying defendant a writ of habeas corpus is affirmed where: 1) defendant's motions, in substance, comprise a claim of ineffective or incompetent representation by federal habeas counsel, and the Antiterrorism Death Penalty Act specifically prohibits such grounds for relief; 2) defendant's claims on appeal concerning ineffective assistance of counsel represented an impermissible broadening of claims to include federal bases before both the state courts and the district court; and 3) defendant's claim that the trial court's disparate treatment of the defense counsel's requests to approach the bench deprived him of a fair trial failed as rulings on those requests did not reflect actual or presumed bias rising to the level of a constitutional violation or structural error.

Appellate Information

• Decided 08/24/2009
• Published 08/24/2009

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joseph W. Luby, argued, Kansas City, MO, Nicolas J. Trenticosta, on the brief, New Orleans, LA, for appellant.


• For Appellees:
  
• Lauren Elizabeth Heil, AAG, argued, Kelly K. Hill, AAG, on the brief, Little Rock, AR, for appellee.