SCHEPPF

v.

KING, SECRETARY, LOUISIANA DEPARTMENT OF CORRECTIONS, ET AL.

Citator

Cited By

• Carlson v. State of Minn., 945 F.2d 1026 (8th Cir. 1991)
  …ts admission constituted harmless error. State v. Carlson, 267 N.W. 2d at 176. Since this issue was not raised below, it is not properly before us, and we will not consider it on appeal. Warden v. Wyrick, 770 F. 2d 112, 114 (8th Cir.), cert. denied, 474 U.S. 1035, 106 S.Ct. 600, 88 L.Ed.2d 579 (1985). Even if this issue were properly before us, Carlson’s argument would fail. State law governs questions about the admissibility of evidence. Berrisford v. Wood, 826 F. 2d 747, 749 (8th Cir.1987), cert. denied,…
• Lufkins v. Leapley, 965 F.2d 1477 (8th Cir. 1992)
  …e in habeas [*1485] cases. Our court has frequently insisted that habeas petitioners raise claims in district court or find themselves barred from raising the issue on appeal. See, e.g., Warden v. Wyrick, 770 F. 2d 112, 114 (8th Cir.), cert. denied, 474 U.S. 1035, 106 S.Ct. 600, 88 L.Ed.2d 579 (1985) (this court precluded from reviewing issue not raised by petitioner in district court); Davis v. Wyrick, 766 F. 2d 1197, 1204 (8th Cir.1985), cert. denied, 475 U.S. 1020, 106 S.Ct. 1209, 89 L.Ed.2d 322 (1986) (s…
• Jones v. A.L. Lockhart, 851 F.2d 1115 (8th Cir. 1988)
  …raise issues which were not asserted in the district court.4 It is axiomatic that failure to present an issue in the district court precludes later appellate consideration of that issue. Warden v. Wyrick, 770 F. 2d 112, 114 (8th Cir.), cert. denied, 474 U.S. 1035, 106 S.Ct. 600, 88 L.Ed.2d 579 (1985). An exception to this rule exists, however, when a denial of review would be fundamentally unfair or result in injustice. Ryder v. Morris, 752 F. 2d 327, 332 (8th Cir.), cert. denied, 471 U.S. 1126, 105 S.Ct. 26…