WORTHINGTON v. ROPER

Nos. 09-1802, 09-2000.

631 F.3d 487 (2011)

Michael Shane WORTHINGTON, Appellee/Cross-Appellant, v. Don ROPER, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 6, 2011.


Attorney(s) appearing for the Case

Andrew W. Hassell , AAG, argued, Jefferson City, MO, for appellant/cross-appellee.

Kent E. Gipson , argued, Gino Frank Battisti , on the brief, St. Louis, MO, for appellee/cross-appellant.

Before GRUENDER, ARNOLD, and SHEPHERD, Circuit Judges.


GRUENDER, Circuit Judge.

The Circuit Court of St. Charles County, Missouri, sentenced Michael Worthington to death after he pled guilty to one count of first-degree murder, one count of first-degree burglary, and one count of forcible rape. Following unsuccessful state appeals and postconviction proceedings, Worthington filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, arguing seven grounds for relief. The district court granted his petition...

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