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Argued and Submitted June 18, Filed December 26, Delo, U. Baldwin, F. Smith, F. We disagree, and we affirm the decision of the district court. While burglarizing the home of Emmett and Elma Konzelman, either Smith or his criminal companion, Jacob Edmonds, Baldwisn eighty-seven-year-old Mr. Konzelman to death Baldwins Scopes Analysis a three-foot long crowbar. After Edmonds told police that Smith killed Konzelman, the prosecution offered Edmonds a plea deal contingent on his passing a polygraph examination.

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The results of the polygraph test were inconclusive, but the examiner opined that Edmonds had answered the questions truthfully and Edmonds entered the plea deal in exchange for his testimony against Smith. Despite Smith's request, the prosecution did not reveal the results of Edmonds's polygraph.

Baldwins Scopes Analysis

Believing that Edmonds had passed the polygraph examination, and knowing that Edmonds would testify against him, Smith entered a no contest plea to felony murder and first-degree robbery. Edmonds has now changed his story and claims that Smith did not kill Mr. Edmonds is unwilling to testify on Smith's behalf, however, because the state has informed him that he will be prosecuted for the capital murder Baldwins Scopes Analysis Mr. Konzelman if he insists on claiming that Smith was not the person who wielded the lethal crowbar. Smith asserts Baldwins Scopes Analysis the state's actions constitute prosecutorial misconduct, and he argues that his failure to exhaust his state court remedies should be excused because Smith can show actual innocence, as well as cause and prejudice.

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Although the resolution of these issues is not essential to our analysis, in order to more clearly demonstrate Smith's inability to meet his Baldwins Scopes Analysis burden, we assume Baldwins Scopes Analysis deciding that two of Smith's arguments have merit: 1 the state committed prosecutorial misconduct by threatening to prosecute Edmonds for capital murder if he testified on Smith's behalf; and 2 the proper remedy for the prosecutorial misconduct is to compel the state to grant use immunity to Edmonds in an evidentiary hearing where Edmonds would testify that he, not Smith, killed Emmett Konzelman.

Even indulging the two cited assumptions, however, we conclude that Smith has not satisfied the requirements of Schlup's actual innocence exception with respect to his conviction for felony murder. http://pinsoftek.com/wp-content/custom/stamps/swot-analysis-of-wendys.php

Baldwins Scopes Analysis

We also hold that neither the actions of Smith's first state post-conviction trial counsel nor the state's withholding of the results of Edmonds's polygraph examination constitute sufficient cause and prejudice to excuse the procedural default resulting from Smith's failure to exhaust his state remedies. Scopss group drove around several neighborhoods in Edmonds's truck searching for a good target.]

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