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Supreme Court Docket
[Download February 8, 2007 Argument Calendar PDF]
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Roper v. Weaver
No. 06-313
Title:
Don Roper, Superintendent, Potosi Correctional Center v. William Weaver
Subject:
Prosecutorial Misconduct, Closing Arguments, 28 U.S.C. §2254(d)(l), Capital Sentencing, Criminal Law & Procedure
Question:
- Since this court has neither held a prosecutor’s penalty phase closing argument to
violate due process, nor articulated, in response to a penalty phase claim, what the
standard of error and prejudice would be, does a court of appeals exceed its
authority under 28 U.S.C. §2254(d)(l) by overturning a capital sentence on the
ground that the prosecutor’s penalty phase closing argument was “unfairly
inflammatory?”
Decisions:
Resources:
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