DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
053318P.pdf 06/21/2007 Allen Nicklasson v. Don Roper
U.S. Court of Appeals Case No: 05-3318
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] [Wollman, Author, with Beam and Melloy, Circuit
Judges]
Prisoner case - habeas. Missouri Supreme Court's application of clearly
established federal law on voir dire in death penalty cases, even if
erroneous, was not objectively unreasonable and could not provide the
basis for habeas relief; claim that jury instructions given preceding voir
dire were erroneous was procedurally barred and Nicklasson could not
establish cause and prejudice; Missouri Supreme Court's determination
that there was no error in the voir dire concerning diminished capacity
defense or unadjudicated crimes was not an objectively unreasonable
application of clearly established federal law; Batson challenged
rejected.