Robert A. Shafer, Appellee/cross-Appellant v. Michael Bowersox, Superintendent, Potosi Correctional Center, Appellant/cross-Appellee

MURPHY, Circuit Judge.

After Robert Shafer waived his right to counsel and his right to a trial by jury for both guilt and punishment phases, he pled guilty to two counts of first degree murder and two counts of armed criminal action and requested imposition of the death penalty. At that same hearing, the Missouri trial judge accepted Shafer’s waivers and pleas and imposed a death sentence.

Shafer sought post conviction relief in state court, and resentencing was ordered based on his sentencing phase waivers and the lack of a presentence report. Both sides appealed, and these appeals were…