United States Eighth Circuit

In a murder prosecution, a denial of petitioner's habeas petition is affirmed where, if the trial court reasonably believed that the defendant planned to testify and that his testimony was necessary to lay the foundation for another witness's testimony, a ruling that the defendant must testify before the other witness did not constitute Brooks error.

Appellate Information

• Decided 02/08/2010
• Published 02/08/2010

Judges

• JARVEY, District Judge., Before GRUENDER and SHEPHERD, Circuit Judges, and JARVEY,District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Luther Johnson, Moberly, MO, pro se., David Andrew Kelly, Altieri & Kelly, Lee's Summit, MO, for Petitioner-Appellant.


• For Appellees:
  
• Stephen David Hawke, Attorney General's Office, Jefferson City, MO, John David Hoelzer, Attorney General's Office, St. Louis, MO, for Respondent-Appellee.