ANDERSON

v.

SPALDING, SUPERINTENDENT, WASHINGTON STATE PENITENTIARY, ET AL.

Citator

Cited By

• United States v. Baptista-Rodriguez, 17 F.3d 1354 (11th Cir. 1994)
  …ng the court and opposing counsel of the precise substance of the evidence in question, enabling them to take appropriate action; and (2) perfecting the record for appellate review. Thomas v. Wyrick, 687 F. 2d 235, 239 (8th Cir.1982), cert. denied, 459 U.S. 1175, 103 S.Ct. 824, 74 L.Ed.2d 1020 (1983). "This circuit will not even consider the propriety of the decision to exclude the evidence at issue, if no offer of proof was made at trial.” Winkle, 587 F. 2d at 710; see Fed.R.Evid. 103(a)(2) (providing tha…
• Purnell v. Mo. Dep't OF Corr., 753 F.2d 703 (8th Cir. 1985)
  …r, the petitioner “must have ‘fairly presented’ to the state courts the ‘substance’ of his federal habeas corpus claim.” Id. (citing Picard, 404 U.S. at 277-78, 92 S.Ct. at 513). In Thomas v. Wyrick, 622 F. 2d 411, 412 (8th Cir.1980), cert. denied, 459 U.S. 1175, 103 S.Ct. 824, 74 L.Ed.2d 1020 (1983), the habeas petitioner had previously argued to the Missouri Court of Appeals that the failure of the trial court to allow him to call character witnesses was an abuse of discretion and “denied [him] a fair tri…
• Tyler v. Gunter, 819 F.2d 869 (8th Cir. 1987)
  ….), cert. denied, 454 U.S. 899, 102 S.Ct. 2101, 70 L.Ed.2d 216 (1981) (exhaustion when petitioner presented basic argument of constitutional issue and citations to state court;); cf. Thomas v. Wyrick, 622 F. 2d 411, 413 (8th Cir.1980), cert. denied, 459 U.S. 1175, 103 S.Ct. 824, 74 L.Ed.2d 1020 (1983) (no exhaustion when references to denial of fair trial without any citation to federal constitution or federal case). . The Eighth Amendment provides "[e]xcessive bail shall not be required, nor excessive fine…