DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032880P.pdf 02/16/2006 William Weaver v. Michael Bowersox
U.S. Court of Appeals Case No: 03-2880
and No: 03-2938
Eastern District of Missouri
[PUBLISHED] [Melloy, Author, with Bye and Bowman, Circuit Judges]
Prisoner case - habeas. District court did not err in concluding that
prosecutor's closing arguments during the penalty phase of Weaver's
capital murder trial violated his due process rights as the statements were
improperly inflammatory and were calculated to remove reason and
responsibility from the sentencing process; the Missouri Supreme Court's
decisions that the arguments were reasonable was erroneous under
existing Supreme Court precedent. Judge Bye, concurring in the result.
Judge Bowman, concurring in part and dissenting in part.