Steven J. Strauss v. Lynda Taylor

Eighth Circuit

Steven J. Strauss v. Lynda Taylor

CourtCourt of Appeals for the Eighth Circuit

DecidedApril 19, 1999

Docket97-4054

StatusUnpublished

This text of Steven J. Strauss v. Lynda Taylor (Steven J. Strauss v. Lynda Taylor) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Steven J. Strauss v. Lynda Taylor, (8th Cir. 1999).

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Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 97-4054 ___________

Steven J. Strauss, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Lynda Taylor, Superintendent, * WMCC, * [UNPUBLISHED] * Appellee. * ___________

Submitted: December 24, 1998 Filed: April 19, 1999 ___________

Before LOKEN, HEANEY, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Missouri inmate Steven J. Strauss appeals from the district court’s1 order denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We find that his challenge to Missouri’s reasonable-doubt instruction is barred by Teague v. Lane, 489 U.S. 288 (1989). See Ramsey v. Bowersox, 149 F.3d 749, 757-58 (8th Cir. 1998); Murray v. Delo, 34 F.3d 1367, 1382 (8th Cir. 1994), cert. denied, 515 U.S. 1136 (1995). We therefore affirm the district court. See 8th Cir. R. 47B.

1 The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri. HEANEY, Circuit Judge, concurring.

I concur in the result reached by the majority. I would affirm, however, on the grounds that the challenged instruction comports with the due process requirement reached in Sandoval v. California, 511 U.S. 1 (1994).

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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