Lemoine Carter, Appellee/cross-Appellant v. Michael Bowersox, Appellant/cross-Appellee

RICHARD S. ARNOLD, Circuit Judge.

The State of Missouri appeals from the order of the District Court 2 granting Lem-oine Carter’s petition for habeas corpus, pursuant to 28 U.S.C. § 2254. Petitioner was convicted by a jury for murder and sentenced to death by the state court judge after the jury failed to reach a decision on punishment. The District Court held that the state judge’s failure, in instructing the jury, to apply correctly Missouri’s statutory scheme for imposing the death penalty was plain error and deprived petitioner of his Fourteenth Amendment right to due process of law. The…