United States Eighth Circuit

District court's denial of Arkansas death-row inmate's petition for habeas relief claiming ineffective assistance of counsel is affirmed where: 1) defendant's claims are procedurally defaulted as he failed to develop the factual basis for his claim in state court; 2) counsel's conduct, although deplorable, was not an external factor that would remedy the default; 3) counsel's misconduct did not destroy the agency relationship between counsel and defendant; 4) defendant's actual innocence claim is rejected as the district court did not err in determining that the evidence tendered by the new counsel did not create a reasonable probability that a jury could have acquitted defendant or found the death-qualifying aggravator inapplicable; and 5) district court correctly rejected defendant's Rule 59(e) motion and his motion to stay federal proceedings as defendant's motion to Recall and Reopen is not a proper vehicle for exhausting state remedies in Arkansas or creating a state record that might support federal habeas claims.

Appellate Information

• Decided 08/26/2009
• Published 08/26/2009

Judges

• MELLOY, Circuit Judge., Before RILEY, BRIGHT, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Billy Nolas, AFPD, argued, Michael Wiseman, AFPD, Rebecca Blaskey, AFPD, on the brief, Philadelphia, PA, for appellant.


• For Appellees:
  
• Pamela Rumpz, AAG, argued, Joseph V. Svoboda, AAG, and Kelly K. Hill, Sr., AAG, Little Rock, AR, on the brief, for appellee.