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Roper v. Weaver

Docket No.: 06-313
Certiorari Granted: Dec 7 2006
Argued: March 21, 2007
Decided: May 21, 2007

Topics:

Death Penalty, EPA, habeas, habeas corpus, murder

PartyNames: Don Roper, Superintendent, Potosi Correctional Center v. William Weaver
Petitioner: Don Roper, Superintendent, Potosi Correctional Center
Respondent: William Weaver

Court Below: United States Court of Appeals for the Eighth Circuit

Don Roper, Superintendent, Potosi Correctional Center
v.
William Weaver
550 U.S. 598 (2007)
Question Presented:

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. ยง2254(d)(l)by overturning a capital sentence on the ground that the prosecutor's penalty phase closing argument was "unfairly inflammatory? "

Question:

Does a federal Court of Appeals exceed its authority under the Antiterrorism and Effective Death Penalty Act of 1996 by overturning a death sentence on the ground that the prosecutor's penalty phase closing argument was "unfairly inflammatory"?

Holding: dismissed
Vote: 6-3
Opinion By: Per Curiam
Read ROPER V. WEAVER opinion (PDF)

Read opinion

Other Resources for Roper v. Weaver:
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