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U.S. Court of Appeals for the Eighth Circuit, 1993

Frederick Lashley v. Paul Delo, Superintendent, Potosi Correctional Center

Frederick Lashley v. Paul Delo, Superintendent, Potosi Correctional Center
U.S. Court of Appeals for the Eighth Circuit · Decided June 22, 1993 · Arnold, Fagg, Waters
995 F.2d 880; 1993 U.S. App. LEXIS 15129; 1993 WL 218662 (Federal Reporter, Second Series)
Frederick Lashley v. Paul Delo, Superintendent, Potosi Correctional Center

Cases that cite this one

1 later published case cites this decision.

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Opinion

ORDER

The United States Supreme Court reversed this court’s holding that the trial judge violated the Eighth Amendment by refusing to give a mitigating circumstance instruction requested by Lashley during the penalty phase of Lashley’s trial. Delo v. Lashley, — U.S.-,-, 113 S.Ct. 1222, 1226, 122 L.Ed.2d 620 (1993). The Supreme Court’s opinion, coupled with this court’s earlier opinion rejecting Lashley’s other .claims, 957 F.2d 1495 (8th Cir. 1992), disposes of the case. We thus affirm the district court’s denial of Lashley’s application for a writ of habeas corpus. The mandate shall issue forthwith.

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