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   [UNPUBLISHED] [Per Curiam.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.