Legal Opinion
Richard Roe v. Paul K. Delo Jeremiah (Jay) W. Nixon
Court of Appeals for the Eighth Circuit
Decided October 30, 1998No. 97-4078PublishedCited by 51 opinions
1Opinion of the Court
LOKEN, Circuit Judge.
Missouri inmate Richard Roe appeals the denial of his petition for a writ of habeas corpus. The issue is whether Roe was denied the effective assistance of counsel when his appellate attorney failed to request plain error review of an erroneous first degree murder instruction. We conclude this claim satisfies the ineffective assistance standard of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Accordingly, Roe is entitled to a new direct appeal at which he may raise this instruction issue to the state court for plain error review.
In…
2Cases cited23 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Jones v. BarnesSupreme Court of the United States · 1983
- Lindh v. MurphySupreme Court of the United States · 1997
- State v. MeaseSupreme Court of Missouri · 1992
- Robert T. Sidebottom v. Paul Delo Jay NixonCourt of Appeals for the Eighth Circuit · 1995
18 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- United States v. Mark E. ClaytonCourt of Appeals for the Eighth Circuit · 2000
- New v. United StatesCourt of Appeals for the Eighth Circuit · 2011
- United States v. BrownCourt of Appeals for the Eighth Circuit · 2008
- Nicole Walker v. United StatesCourt of Appeals for the Eighth Circuit · 2016
- United States v. Sylvan AbneyCourt of Appeals for the D.C. Circuit · 2016
46 more not listed; retrieve them via the Exa API.