David Simmons v. Paul Caspari

[UNPUBLISHED]

In 1991, a Missouri state court jury convicted David Simmons of second degree murder and first degree burglary, and the state trial court sentenced him to consecutive terms of life and 15 years imprisonment. After the denial of his appeal and post-conviction motions, see State v. Simmons, 865 S.W.2d 893 (Mo.Ct.App.1993), he filed a petition under 28 U.S.C. § 2254, alleging, among other things, that appellate counsel was ineffective for not arguing that the state had violated Missouri’s speedy trial statute. See Mo.Rev.Stat. §§ 217.450, 217.460 (2000). The district court 1 denied…