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.

051043P.pdf   07/24/2007  Joseph Franklin  v.  Al Luebbers
   U.S. Court of Appeals Case No:  05-1043
                          and No:  05-1047
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Riley, Author, with Beam and Smith, Circuit Judges]
   Prisoner case - habeas. Franklin's voluntary waiver of his right of
   appeal to the Missouri Supreme Court following his conviction and death
   sentence resulted in procedural default and bars review of all of
   Franklin's claims raised in his habeas petition; as a result, the district
   court was without jurisdiction to grant relief on Franklin's claims
   challenging the voluntariness of his waiver of trial counsel and the trial
   court's omission of penalty-phase instruction; issues raised in Franklin's
   cross-appeal from the trial court's order granting habeas relief are also
   procedurally barred and would not be addressed. Case remanded to the
   district court with directions to dismiss Franklin's habeas application in
   total.