Nos. 01-3685, 02-1361.

329 F.3d 637 (2003)

Robert A. SHAFER, Appellee/Cross-Appellant, v. Michael BOWERSOX, Superintendent, Potosi Correctional Center, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 27, 2003.

Attorney(s) appearing for the Case

Michael J. Spillane, argued, Asst. Atty. Gen., Jefferson City, MO, for appellant.

Cheryl A. Pilate, argued, Kansas City, MO (Charles M. Rogers, and David A. Kelly, on the brief), for appellee.

Before HANSEN, Chief Judge, LAY and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

After Robert Shafer waived his right to counsel and his right to a trial by jury for both guilt and punishment phases, he pled guilty to two counts of first degree murder and two counts of armed criminal action and requested imposition of the death penalty. At that same hearing, the Missouri trial judge accepted Shafer's waivers and pleas and imposed a death sentence.

Shafer sought post conviction relief in state court, and resentencing...

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