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.
133627P.pdf 04/27/2015 Roderick Nunley v. Michael Bowersox
U.S. Court of Appeals Case No: 13-3627
U.S. District Court for the Western District of Missouri - Kansas City
[PUBLISHED] Capital Habeas Corpus - section 2254. Nunley unequivocally
waived his right to jury sentencing when he pleaded guilty. When the state
supreme court vacated the trial court's judgment, it remanded for a new
penalty hearing, not a new plea hearing and his waiver remained in effect.
The state supreme court did not unreasonably apply clearly established
federal law by denying his motion to withdraw his plea. Nunley does not
have a constitutional right to a jury-determined sentence because Ring v.
Arizona is not retroactive. The state's interpretation of state law
denying Nunley relief is not unreasonable, neither is the state court's
conclusion an unreasonable application of federal law. Nor did the state
court make an unreasonable determination of the facts in light of the
evidence presented. Denial of habeas relief is affirmed.