Legal Opinion

Joseph Franklin v. Al Luebbers

Court of Appeals for the Eighth Circuit

Decided July 24, 2007No. 05-1043, 05-1047PublishedCited by 5 opinions

1Opinion of the Court

RILEY, Circuit Judge.

Joseph Franklin (Franklin) applied for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, collaterally attacking his Missouri capital murder conviction and death sentence. The district court granted Franklin’s application on two grounds and denied the application on all other grounds. This appeal followed. We reverse.

I. BACKGROUND

On October 8, 1977, a sniper fired shots at worshipers exiting a St. Louis synagogue, killing one man and wounding two other men. Police recovered a Remington .30-06 rifle, spent shell casings, a guitar case, and a bicycle used in connection…

2Cases cited12 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Johnson v. MississippiSupreme Court of the United States · 1988
  3. Martinez v. Court of Appeal of California, Fourth Appellate DistrictSupreme Court of the United States · 2000
  4. Demosthenes v. BaalSupreme Court of the United States · 1990
  5. Michael Cagle, Jr. v. Larry Norris, Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 2007

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3Cited by5 opinions

  1. Charles Rhines v. Darin YoungCourt of Appeals for the Eighth Circuit · 2018
  2. Chatman v. SaylerDistrict Court, D. North Dakota · 2022
  3. Poitra v. North DakotaDistrict Court, D. North Dakota · 2015
  4. Sabot v. PringleDistrict Court, D. North Dakota · 2020
  5. Wisham v. North Dakota, State ofDistrict Court, D. North Dakota · 2018

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