Steven J. Strauss v. Lynda Taylor ( 1999 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 97-4054
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Steven J. Strauss, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Lynda Taylor, Superintendent, *
WMCC, * [UNPUBLISHED]
*
Appellee. *
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Submitted: December 24, 1998
Filed: April 19, 1999
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Before LOKEN, HEANEY, and HANSEN, Circuit Judges.
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PER CURIAM.
Missouri inmate Steven J. Strauss appeals from the district court’s1 order
denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We find that
his challenge to Missouri’s reasonable-doubt instruction is barred by Teague v. Lane,
489 U.S. 288 (1989). See Ramsey v. Bowersox, 149 F.3d 749, 757-58 (8th Cir.
1998); Murray v. Delo, 34 F.3d 1367, 1382 (8th Cir. 1994), cert. denied, 515 U.S.
1136 (1995). We therefore affirm the district court. See 8th Cir. R. 47B.
1
The Honorable Fernando J. Gaitan, Jr., United States District Judge for the
Western District of Missouri.
HEANEY, Circuit Judge, concurring.
I concur in the result reached by the majority. I would affirm, however, on the
grounds that the challenged instruction comports with the due process requirement
reached in Sandoval v. California, 511 U.S. 1 (1994).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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