GREGORY

v.

AUGER, WARDEN, 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,…
• 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…
• Wycoff v. Crispus NIX, 869 F.2d 1111 (8th Cir. 1989)
  …rocess because the prosecutor’s action was not “of such magnitude as to deny fundamental fairness to the criminal trial.” Muetze v. Solem, 871 F. 2d 1093 (8th Cir.1988) (per curiam); Warden v. Wyrick, 770 F. 2d 112, 116 (8th Cir.1988), cert. denied, 474 U.S. 1035, 106 S.Ct. 600, 88 L.Ed.2d 579 (1985). 3. Threats. The petitioner alleges misconduct in the prosecutor’s injecting threat testimony without factual predicate. The only purpose the prosecutor had for introducing the threat testimony, according to pe…