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Roderick Nunley v. Michael Bowersox, Superintendent, Potosi Correctional Center
Citation: 394 F.3d 1079Docket: 03-3961
Court: Court of Appeals for the Eighth Circuit; February 24, 2005; Federal Appellate Court
Roderick Nunley, having pleaded guilty to first-degree murder and other charges related to the 1989 murder of Ann Harrison, was sentenced to death by a Missouri circuit court. After several state court proceedings, including a resentencing, Nunley sought federal habeas relief under 28 U.S.C. § 2254. The District Court denied his petition but granted a certificate of appealability (COA) on an issue not previously addressed. The Eighth Circuit affirmed the denial of habeas relief. In June 2002, the U.S. Supreme Court's decision in Ring v. Arizona established that a jury must find any aggravating circumstances necessary for imposing the death penalty, rather than a judge. Nunley attempted to raise this Ring claim late in his federal proceedings, but the District Court did not allow it. Subsequently, the Supreme Court ruled in Schriro v. Summerlin that Ring announced a new procedural rule that does not apply retroactively to cases already final on direct review, which appeared to undermine Nunley's argument. Additionally, the Missouri Supreme Court, in State v. Whitfield, opted to apply the Linkletter-Stovall approach rather than the Teague v. Lane test to assess the retroactivity of Ring. It concluded that Ring would be retroactive in limited circumstances involving Missouri death penalty cases where a jury was unable to reach a verdict, and a judge imposed the death penalty based on factual determinations. Nunley's case did not fall within this narrow category, yet he argued that Ring should still apply to invalidate his death sentence. Nunley argues that the Fourteenth Amendment Due Process Clause mandates federal courts to enforce certain rights established by state law for criminal defendants. However, the cited cases involve state courts not adhering to due process, which is not applicable in Nunley's situation as no state court has ignored his arguments regarding the Ring claim or its retroactivity. The order granting the Certificate of Appealability (COA) does not reference any violation of Nunley's due process rights. While Missouri may offer greater protections than federal law, Nunley is pursuing these protections inappropriately in federal court, as the issue should be resolved in state court first, according to 28 U.S.C. 2254(b). The federal law dictates that the Ring decision is not retroactive in collateral review. Consequently, the District Court's denial of Nunley’s habeas relief petition is upheld. The Court applied the Teague v. Lane test, determining that the Ring ruling did not change the elements of the offense or the class of persons punished, and it did not constitute a watershed procedural rule requiring retroactive application, as it did not impact the fairness or accuracy of sentences.