Doyle J. Williams v. Bill Armontrout

BRIGHT, Senior Circuit Judge,

concurring in part and dissenting in part, with whom McMILLIAN, Circuit Judge, joins.

I must dissent with respect to parts I and II of the majority opinion. In my view, the state trial court’s refusal to instruct the jury on first-degree (felony) murder, see Mo.Ann.Stat. § 565.003 (Vernon 1979) (repealed 1984), in this capital case violated due process and equal protection. In substance, I adhere to the views expressed by the majority in the prior panel opinion, which granted Williams partial relief on his habeas petition. Williams v. Armontrout, 891 F.2d 656 (8th…