United States Eighth Circuit

In a murder prosecution, a grant of petitioner's habeas petition is reversed where: 1) there was insufficient evidence to show that certain state witnesses had a motive to fabricate petitioner's guilt; and 2) the district court did not give proper weight to the credibility of the uncalled witnesses, the interplay between the uncalled witnesses and the actual defense witnesses called, and the strength of the evidence presented by the prosecution in determining the prejudice caused by defense counsel's allegedly ineffective performance.

Appellate Information

• Decided 01/05/2010
• Published 01/05/2010

Judges

• RILEY, Circuit Judge., Before RILEY, HANSEN, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael Joseph Spillane, AAG, argued, Jefferson City, MO, for appellant.


• For Appellees:
  
• JoAnn Trog, argued, St. Louis, MO, for appellee.