United States Eighth Circuit

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

• Decided 04/28/2010
• Published 04/28/2010

Judges

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

Court

• United States Eighth Circuit

Counsel

• 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.