WALKER

v.

BROWN & ROOT, INC.

Citator

Cited By (23 total)

• Gilmore v. Armontrout, 861 F.2d 1061 (8th Cir. 1988)
  …Chapter 552 defense, we believe Gilmore adequately presented the constitutional aspects of his claim by making a "discernible reference to a federal constitutional right.” Graham v. Salem, 728 F. 2d 1533, 1535-36 (8th Cir.) (en banc), cert. denied, 469 U.S. 842, 105 S.Ct. 148, 83 L.Ed.2d 86 (1984). . Although an attorney was appointed seven days after Gilmore’s arraignment, this attorney requested and was granted leave to withdraw. . Mo.Rev.Stat. § 552.030(2) provides: Evidence of mental disease or defe…
• Martin v. Solem, 801 F.2d 324 (8th Cir. 1986)
  …; see Picard v. Connor, 404 U.S. 270, 276-78, 92 S.Ct. 509, 512-13, 30 L.Ed.2d 438 (1971); Purnell v. Missouri Department of Corrections, 753 F. 2d 703, 706-08 (8th Cir.1985); Graham v. Solem, 728 F. 2d 1533, 1535-36 (8th Cir.) (banc), cert. denied, 469 U.S. 842, 105 S.Ct. 148, 83 L.Ed.2d 86 (1984); Morrow v. Wyrick, 646 F. 2d 1229, 1232 (8th Cir.) (citation to state cases involving federal constitutional issues), cert. denied, 454 U.S. 899, 102 S.Ct. 401, 70 L.Ed.2d 216 (1981); Thomas v. Wyrick, 622 F. 2d…

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• Crump v. Lane, 807 F.2d 1394 (7th Cir. 1986)
  …“although the parties do not raise the question”). To be sure, this Circuit has not spoken with one voice on whether the exhaustion requirement may be waived by the state. In Heirens v. Mizell, 729 F. 2d 449, 457 (7th Cir.1984), certiorari denied, 469 U.S. 842, 105 S.Ct. 147, 83 L.Ed.2d 85, the Court in dicta suggested that the exhaustion issue may be waived if the state fails to raise the issue in the proceeding before the district court. The cases cited as authority in Heirens, however, did not involve…