United States Eighth Circuit

In a capital habeas matter, a denial of petitioner's habeas petition is affirmed where: 1) where the offered evidence of mitigation has nothing to do with a criminal's character, record, background, condition, or the circumstances of the crime, it is not relevant on the issue of punishment; 2) petitioner failed to show that there was a reasonable probability that allegedly improper testimony affected his sentence, and that absent the testimony, the sentence would have been different; and 3) petitioner failed to show that his counsel was deficient in failing to strike a prospective juror for cause, and that her inclusion on the jury resulted in an unfair trial.

Appellate Information

• Argued 12/17/2009
• Decided 07/15/2010
• Published 07/15/2010

Judges

• Roger L. Wollman

Court

• United States Eighth Circuit

Counsel