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Roper v. Weaver
No. 06-313
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Don Roper, Superintendent, Potosi Correctional Center v. William Weaver
Subject:
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Prosecutorial Misconduct, Closing Arguments, 28 U.S.C. section 2254(d)(l), Capital Sentencing, Criminal Law & Procedure
- Since this court has neither held a prosecutor's penalty phase closing argument to violate due process, nor articulated, in response to a penalty phase claim, what the standard of error and prejudice would be, does a court of appeals exceed its authority under 28 U.S.C. section 2254(d)(l) by overturning a capital sentence on the ground that the prosecutor's penalty phase closing argument was "unfairly inflammatory?"
- U.S. Court of Appeals - 8th Circuit
Opinion Filed: February 23, 2006
- United States Supreme Court, Cert. Granted: December 7, 2006
Resources:
- Docket Sheet From the U.S. Supreme Court.
- Northwestern University - Medill School of Journalism: On the Docket
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Briefs: Parties
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