032103P.pdf   04/04/2005  Terrick T. Nooner  v.  Larry Norris
   U.S. Court of Appeals Case No:  03-2103
   Eastern District of Arkansas   
   Prisoner case - habeas. While the district court did not err in finding 
   Nooner had the ability to understand his request to withdraw his habeas 
   petition, it did err in finding that his decision to withdraw the petition 
   was knowing and voluntary, as Nooner believed, however, irrationally, that 
   withdrawing his petition would lead to his release rather than his 
   execution on his capital murder conviction. Application of Arkansas's 
   victim impact evidence statute does not violate the ex post facto clause 
   as it does not alter the state's burden of proof or increase the potential 
   penalty faced by a defendant; victim impact statement statute is not void 
   for vagueness; claims of ineffective assistance of counsel alleging 
   counsel failed to develop and present mitigating evidence at sentencing 
   rejected. District court's alternative holding dismissing the petition for 
   habeas corpus on the merits is affirmed. Judge Lay, Concurring in part 
   and Dissenting in part. Judge Bye, Dissenting in part and Concurring in 
   part. 
   [PUBLISHED] [Wollman, Author, with Lay and Bye, Circuit Judges]