Cole v. Roper
Filing 58
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Missouri Attorney General Jeremiah W. Nixon is added as a proper party respondent. IT IS FURTHER ORDERED that the petition for writ of habeas corpus [#1, 19] filed by Andre Cole is denied. IT IS FURTHE R ORDERED that Cole is entitled to a Certificate ofAppealability on the claims listed here as numbers 2 (improper guilt phase closing argument), 4 (Batson violation), 7(restraints), 10 (ineffective assistance regarding mental state), 11 (same), and 1 6 (restraints). He is not entitled to a Certificate of Appealability on his remaining claims. IT IS FURTHER ORDERED that the motion for leave to substitute attorney 56 and for leave to apply for admission pro hac vice without payment of fee 57 are granted. IT IS FINALLY ORDERED that attorney Terri Backhas is admitted pro hac vice. A separate judgment in accord with this opinion is entered this same date.. Signed by Honorable Catherine D. Perry on 9/22/08. (BAK)
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