State v. Driscoll

LIMBAUGH, Chief Justice.

On July 3, 1983, corrections officer Thomas Jackson was stabbed to death during a riot at the Missouri Training Center for Men in Moberly. Appellant, Robert Driscoll, an inmate, was charged with capital murder, convicted by a jury and sentenced to death in accordance with the jury’s recommendation. This Court affirmed, State v. Driscoll, 711 S.W.2d 512 (Mo. banc 1986), cert. denied, 479 U.S. 922, 107 S.Ct. 329, 93 L.Ed.2d 301 (1986), but the United States Court of Appeals for the Eighth Circuit granted habeas corpus relief. Driscoll v. Delo, 71 F.3d 701 (8th Cir.1995),…