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.
131569P.pdf 04/17/2014 Lloyd Grass v. Robert Reitz
U.S. Court of Appeals Case No: 13-1569
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Gruender, Author, with Wollman and Kelly, Circuit Judges]
Prisoner case - Habeas. For the court's prior opinion in the matter, see
Grass v. Reitz, 643 F.3d 579 (8th Cir. 2011). The district court did not
exceed the scope of this court's mandate by considering a 2011 state court
decision in Grass's case as this court's prior opinion invited the
district court to consider the decision on remand and the decision bore on
the issue of whether Grass's continued confinement violated his due
process rights; Grass's only remaining avenue for habeas relief is to
demonstrate, by clear and convincing evidence, that the record does not
support the state court's finding that he suffers from current mental
illness or current dangerousness; Grass has failed to meet this burden and
failed to rebut the presumption of correctness of the state court's
express finding that he currently presents a danger to others.