Legal Opinion

Smulls v. Roper

Court of Appeals for the Eighth Circuit

Decided July 29, 2008No. 05-2456PublishedCited by 81 opinions

1Opinion of the Court

HANSEN, Circuit Judge.

A Missouri jury found Herbert Smulls guilty of first degree murder, as well as other crimes, and he was sentenced to death. The Supreme Court of Missouri ultimately affirmed Smulls’ convictions on direct appeal and denied his motions for postconviction relief. The district court1 *856denied Smulls’ 28 U.S.C. § 2254 petition, and this court granted a certificate of ap-pealability on Smulls’ Batson2 — related claims. After a divided panel of this court affirmed in part and reversed and remanded in part, Smulls v. Roper, 467 F.3d 1108 (8th Cir.2006), we granted the State’s…

2Cases cited34 opinions

  1. Miller-El v. CockrellSupreme Court of the United States · 2003
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Batson v. KentuckySupreme Court of the United States · 1986
  4. Wainwright v. WittSupreme Court of the United States · 1985
  5. Hernandez v. New YorkSupreme Court of the United States · 1991

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3Cited by81 opinions

  1. State v. Thompson (Slip Opinion)Ohio Supreme Court · 2014
  2. Dansby v. HobbsCourt of Appeals for the Eighth Circuit · 2014
  3. United States v. James DinkinsCourt of Appeals for the Fourth Circuit · 2012
  4. Cook v. City of Bella VillaCourt of Appeals for the Eighth Circuit · 2009
  5. United States v. RodriguezCourt of Appeals for the Eighth Circuit · 2009

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