Herbert Smulls v. Donald Roper

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 05-2456 ___________ Herbert Smulls, * * Petitioner - Appellant, * * Appeal from the United States v. * District Court for the Eastern * District of Missouri. Don Roper, Superintendent, Potosi * Correctional Center, * * Respondent - Appellee. * ___________ Submitted: May 18, 2006 Filed: November 1, 2006 ___________ 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…