United States Eighth Circuit

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Cole v. Roper, 09-1213

In a capital habeas matter, the denial of the petition is affirmed where: 1) the state court's factual findings regarding the three proffered similarly situated jurors in response to petitioner's Batson challenge were accorded a presumption of correctness; 2) with the strong expert testimony already in the hands of the state at the time of trial, it was unlikely that petitioner suffered any prejudice from counsel's failure to call more favorable expert or lay witnesses; and 3) evidence of petitioner's disposition to make a well-behaved and peaceful adjustment to life in prison was relevant mitigating evidence but counsel's failure to offer such evidence was not constitutionally deficient.

Appellate Information

  • Decided 11/05/2010
  • Published 11/05/2010


  • C. Arlen Beam


  • United States Eighth Circuit