US Supreme Court Docket

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Roper v. Weaver
No. 06-313 Title:

Don Roper, Superintendent, Potosi Correctional Center v. William Weaver

Subject:

Prosecutorial Misconduct, Closing Arguments, 28 U.S.C. section 2254(d)(l), Capital Sentencing, Criminal Law & Procedure

Question:

• 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?"

Decisions:

• 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

Briefs:

    Parties

Coming Soon

Counsel of Record

For Petitioner:

Stephen D. Hawke
Office of the Missouri Attorney General
Jefferson City, MO

For Respondent:

Philip Horwitz
St. Louis, MO

 

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