SMULLS v. ROPER

No. 05-2456.

467 F.3d 1108 (2006)

Herbert SMULLS, Petitioner-Appellant, v. Don ROPER, Superintendent, Potosi Correctional Center, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 1, 2006.


Attorney(s) appearing for the Case

Cheryle Ann Pilate, argued, Kansas City, MO (Charles M. Rogers and Jeremy S. Weis, Kansas City, MO, on the brief), for appellant.

Stephen David Hawke, argued, AAG, Jefferson City, MO, for appellee.

Before BYE, HANSEN, and SMITH, Circuit Judges.


BYE, Circuit Judge.

A Missouri jury convicted Herbert Smulls of first degree murder and other crimes and sentenced him to death. His convictions and sentence were affirmed on appeal and his motion for post-conviction relief was denied. Smulls then filed this 28 U.S.C. § 2254 petition raising numerous grounds for relief. The district court denied the petition and this court granted a certificate of appealability. We...

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