Eric Clemmons v. Paul Delo

RICHARD S. ARNOLD, Chief Judge.

Eric Clemmons, the petitioner, has been sentenced to death for killing a fellow inmate at the Missouri State Penitentiary. Exculpatory evidence was apparently withheld from Clemmons by the State prior to his trial. In addition, evidence that was important to the State’s case came in by deposition, raising serious issues under the Confrontation Clause. The District Court 1 held, however, that both these claims were procedurally barred. After thorough consideration, we affirm, though not altogether for the same reasons. 2

I

The District Court and the Missouri…