Anthony L. Carroll v. Stanley Payne

• Court: Court of Appeals for the Eighth Circuit
• Decided: February 25, 2022
• Docket: 20-3673
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-3673 ___________________________

Anthony L. Carroll

lllllllllllllllllllllPetitioner - Appellant

v.

Stanley Payne, Warden

lllllllllllllllllllllRespondent - Appellee ____________

Appeal from United States District Court for the Eastern District of Missouri - St. Louis ____________

Submitted: February 22, 2022 Filed: February 25, 2022 [Unpublished] ____________

Before LOKEN, ERICKSON, and STRAS, Circuit Judges. ____________

PER CURIAM.

Missouri prisoner Anthony Carroll appeals the district court’s1 denial of his 28 U.S.C. § 2254 petition. The district court granted a certificate of appealability as to

1 The Honorable Rodney W. Sippel, Chief Judge, United States District Court for the Eastern District of Missouri. Carroll’s claim that his sentence was improperly influenced by the state judge’s alleged bias.

After a careful review of the record and the arguments presented on appeal, we conclude the district court correctly determined that the claim was procedurally defaulted. See Arnold v. Dormire, 675 F.3d 1082, 1086-87 (8th Cir. 2012) (on appeal from denial of habeas corpus, this court reviews finding of default de novo; ordinarily federal court reviewing state conviction in § 2254 proceeding may consider only those claims which petitioner presented in accordance with state procedural rules); see also Clark v. Bertsch, 780 F.3d 873, 875-77 (8th Cir. 2015) (unpreserved claims were defaulted regardless whether state court reviewed claims for plain error). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

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