OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Tuesday October 26, 2021 ] The most recent opinions are for: [ 10/26/2021 ]  
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.
201094P.pdf  10/26/2021  Rodney Donelson  v.  Troy Steele
   U.S. Court of Appeals Case No:   20-1094
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Chief Judge Smith, Author, with Kelly and Erickson, Circuit Judges] Prisoner case - Habeas. The Missouri state court decision determining Donelson was not denied effective assistance of counsel by his trial attorney's decision to withdraw a motion to sever the two murder charges was based on an unreasonable interpretation of the facts; however, Donelson is not entitled to habeas relief because he cannot show prejudice from his attorney's decision to withdraw the motion to sever the two murder charges; the trial court's decision to deny severance was reasonable and did not amount to an abuse of the trial court's discretion; it is therefore, unlikely that the Missouri Court of Appeals would have reversed the trial court's denial of severance; even if Donelson could show a substantial probability of severance on appeal, he cannot show an overall reasonable probability of a different outcome in the case; the evidence against Donelson was convincingly incriminating on both murders, and Donelson has not met his burden of showing a reasonable probability of a different outcome in either case, even if they had been severed. Judge Kelly, dissenting.
211455U.pdf  10/26/2021  Sharon Rogers  v.  United States
   U.S. Court of Appeals Case No:   21-1455
   U.S. District Court for the Eastern District of Arkansas - Batesville   
[UNPUBLISHED] [Per Curiam. Before Benton, Kelly, and Grasz, Circuit Judges.] Civil Case - Federal Tort Claims Act. District court judgment is summarily affirmed without comment.