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BURTON v. DORMIRE

No. 01-2259.

295 F.3d 839 (2002)

Darryl BURTON, Appellant, v. David DORMIRE, Jeremiah Nixon, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 8, 2002.

Attorney(s) appearing for the Case

Cheryl A. Pilate, argued, Kansas City, Missouri, for appellant.

Michael J. Spillane, argued, Jefferson City, Missouri (Jeremiah W. (Jay) Nixon, on the brief), for appellee.

Before BOWMAN, MAGILL and BYE, Circuit Judges.

BYE, Circuit Judge.

The writ of habeas corpus balances the constitutional imperative of a fair criminal trial with respect for state court judgments and the finality thereby achieved for victims of crime and society at large. The writ serves as a "bulwark against convictions that violate fundamental fairness," Engle v. Isaac, 456 U.S. 107, 126, 102 S.Ct. 1558, 71 L.Ed.2d 783 (1982) (quotation omitted), by providing "an additional...

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