United States Eighth Circuit

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Storey v. Roper, 08-2936

In a capital habeas matter, a denial of petitioner's habeas petition is affirmed where: 1) petitioner had an opportunity to interview the victim impact witnesses presented during sentencing before their testimony, and he had the opportunity (though he did not take it) to cross-examine the witnesses; 2) in light of all of the other relevant and admissible evidence presented at the third penalty-phase trial, a photo of the victim's tombstone did not render the penalty-phase trial fundamentally unfair; 3) based upon the Supreme Court's definition of "acquittal" in the context of a death sentence as explicated in Poland, petitioner had never been acquitted of the death penalty; and 4) petitioner failed to present new reliable evidence that he was innocent of the crime of which he was convicted.

Appellate Information

  • Submitted 11/18/2009
  • Decided 04/28/2010
  • Published 04/28/2010


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


  • United States Eighth Circuit


  • For Appellant:
  • Jennifer Herndon, argued, Florissant, MO, Kevin L. Schriener, argued, St. Louis, MO, for Appellant.

  • For Appellees:
  • Andrew W. Hassell, AAG, argued, Jefferson City, MO, for Appellee.