Arlester E. Scott v. Jim Jones & William L. Webster, 915 F.2d 1188 (8th Cir. 1990). · Go Syfert
Arlester E. Scott v. Jim Jones & William L. Webster, 915 F.2d 1188 (8th Cir. 1990). Cases Citing This Book View Copy Cite
G Cite
cited 4× by 4 distinct cases, 2004–2017 · 2 courts · …cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own at p. 1191
G Cite: 4 distinguished/criticized. Strongest: State v. Stensaker (Cited "but see")
80 citation events (55 in the last 25 years) across 18 distinct courts.
Strongest positive: Morgan v. Wilson (arwd, 2023-06-23) · Strongest negative: State v. Kerley (alacrimapp, 2017-12-15)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" State v. Kerley
Ala. Crim. App. · 2017 · signal: but see · quote attribution · 1 verbatim quote · confidence high
cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own
discussed Cited "but see" State v. Kerley
Ala. Crim. App. · 2017 · signal: but see · quote attribution · 1 verbatim quote · confidence high
cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own
discussed Cited "but see" Walker v. State
Ala. Crim. App. · 2015 · signal: but see · confidence high
See Williams v. Washington, 59 F.3d 673, 682 (7th Cir.1995) (“In making this showing, a'petitioner may demonstrate that-the cumulative effect of counsel’s individual acts or omissions was substantial enough to meet Strickland’s test”); but see Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990) (“cumulative error does not call for habeas relief, as each habeas .claim must stand or fall on its own”).’ “See also Holland v. State, 250 Ga.App. 24, 28 , 550 S.E.2d 433, 437 (2001) (‘Because the so-called cumulative error doctrine is inapplicable, each claim of inadequacy must be exa…
discussed Cited "but see" Marshall v. State
Ala. Crim. App. · 2014 · signal: but see · confidence high
See Williams v. Washington, 59 F.3d 673, 682 (7th Cir.1995) (‘In making this showing, a petitioner may demonstrate that the cumulative effect of counsel’s individual acts or omissions was substantial enough to meet Strickland ’s test’); but see Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990) (‘cumulative error does not call for habeas relief, as each habeas claim must stand or fall on -its own’).” “ ‘See also Holland v. State, 250 Ga.App. 24, 28 , 550 S.E.2d 433, 437 (2001) (“Because the so-called cumulative error doctrine is inapplicable, each claim of inadequacy must b…
discussed Cited "but see" Whited v. State
Ala. Crim. App. · 2014 · signal: but see · confidence high
See Williams v. Washington, 59 F.3d 673, 682 (7th Cir.1995) (“In making this showing, a petitioner may demonstrate that the cumulative effect of counsel’s individual acts or omissions was substantial enough to meet Strickland ⅛ test”); but see Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990) (“cumulative error does not call for habeas relief, as each ha-beas claim must stand or fall on its own”).’ “See also Holland v. State, 250 Ga.App. 24, 28 , 550 S.E.2d 433, 437 (2001)(‘Be-eause the so-called cumulative error doc trine is inapplicable, each claim of inadequacy must be ex…
discussed Cited "but see" Perkins v. State
Ala. Crim. App. · 2012 · signal: but see · confidence high
See Williams v. Washington, 59 F.3d 673, 682 (7th Cir.1995) (“In making this showing, a petitioner may demonstrate that the cumulative effect of counsel’s individual acts or omissions was substantial enough to meet Strickland’s test”); but see Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990) (“cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own”).’ “See also Holland v. State, 250 Ga.App. 24, 28 , 550 S.E.2d 433, 437 (2001) (‘Because the so-called cumulative error doctrine is inapplicable, each claim of inadequacy must be exam…
discussed Cited "but see" Willie Earl Scott v. State of Alabama.
Ala. Crim. App. · 2010 · signal: but see · confidence high
See Williams v. Washington , 59 F.3d 673 , 682 (7th Cir.1995) ("In making this showing, a petitioner may demonstrate that the cumulative effect of counsel's individual acts or omissions was substantial enough to meet Strickland's test"); but see Scott v. Jones , 915 F.2d 1188 , 1191 (8th Cir.1990) ("cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own").' "See also Holland v. State , 250 Ga.App. 24 , 28, 550 S.E.2d 433 , 437 (2001) ('Because the so-called cumulative error doctrine is inapplicable, each claim of inadequacy must be examined indepen…
discussed Cited "but see" Scott v. State
Ala. Crim. App. · 2010 · signal: but see · confidence high
See Williams v. Washington , 59 F.3d 673 , 682 (7th Cir.1995) ("In making this showing, a petitioner may demonstrate that the cumulative effect of counsel's individual acts or omissions was substantial enough to meet Strickland's test"); but see Scott v. Jones , 915 F.2d 1188 , 1191 (8th Cir.1990) ("cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own").' "See also Holland v. State , 250 Ga.App. 24 , 28, 550 S.E.2d 433 , 437 (2001) ('Because the so-called cumulative error doctrine is inapplicable, each claim of inadequacy must be examined indepen…
discussed Cited "but see" Bush v. State
Ala. Crim. App. · 2009 · signal: but see · confidence high
See Williams v. Washington, 59 F.3d 673, 682 (7th Cir.1995) (“In making this showing, a petitioner may demonstrate that the cumulative effect of counsel’s individual acts or omissions was substantial enough to meet Strickland’s test”); but see Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990) (“cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own”).’ “See also Holland v. State, 250 Ga.App. 24, 28 , 550 S.E.2d 433, 437 (2001) (‘Because the so-called cumulative error doctrine is inapplicable, each claim of inadequacy must be exam…
discussed Cited "but see" McNabb v. State
Ala. Crim. App. · 2007 · signal: but see · quote attribution · 1 verbatim quote · confidence high
cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own
discussed Cited "but see" Gaddy v. State
Ala. Crim. App. · 2006 · signal: but see · confidence high
See Williams v. Washington , 59 F.3d 673 , 682 (7th Cir.1995) ("In making this showing, a petitioner may demonstrate that the cumulative effect of counsel's individual acts or omissions was substantial enough to meet Strickland's test"); but see Scott v. Jones , 915 F.2d 1188 , 1191 (8th Cir.1990) ("cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own").' "See also Holland v. State , 250 Ga.App. 24 , 28 , 550 S.E.2d 433 , 437 (2001) ('Because the so-called cumulative error doctrine is inapplicable, each claim of inadequacy must be examined indepe…
discussed Cited "but see" Hunt v. State
Ala. Crim. App. · 2005 · signal: but see · confidence high
See Williams v. Washington, 59 F.3d 673, 682 (7th Cir.1995) ("In making this showing, a petitioner may demonstrate that the cumulative effect of counsel's individual acts or omissions was substantial enough to meet Strickland's test"); but see Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990) ("cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own").' "See also Holland v. State, 250 Ga.App. 24, 28 , 550 S.E.2d 433, 437 (2001) (`Because the so-called cumulative error doctrine is inapplicable, each claim of inadequacy *1072 must be examined indepen…
discussed Cited "but see" Brooks v. State
Ala. Crim. App. · 2005 · signal: but see · confidence high
See Williams v. Washington , 59 F.3d 673 , 682 (7th Cir. 1995) (`In making this showing, a petitioner may demonstrate that the cumulative effect of counsel's individual acts or omissions was substantial enough to meet Strickland's test'); but see Scott v. Jones , 915 F.2d 1188 , 1191 (8th Cir. 1990) (`cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own')." See also Holland v. State , 250 Ga.App. 24 , 28 , 550 S.E.2d 433 , 437 (2001) ("Because the so-called cumulative error doctrine is inapplicable, each claim of inadequacy must be examined indep…
discussed Cited "but see" State v. Stensaker
N.D. · 2004 · signal: but see · quote attribution · 1 verbatim quote · confidence high
cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own
discussed Cited "but see" Garcia v. State
N.D. · 2004 · signal: but see · confidence high
See Williams v. Washington, 59 F.3d 673, 682 (7th Cir.1995) (“In making this showing, a petitioner may demonstrate that the cumulative effect of counsel’s individual acts or omissions was substantial enough to meet Strickland’s test”); but see Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990) (“cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own”).
discussed Cited "but see" Pursell v. Horn
W.D. Pa. · 2002 · signal: but see · confidence high
Taylor v. Kentucky, 436 U.S. 478, 487-88 , 98 S.Ct. 1980 , 56 L.Ed.2d 468 (1978); Sullivan v. Cuyler, 631 F.2d 14 , 17 (3d Cir.1980); Derden v. McNeel, 978 F.2d 1453, 1456 (5th Cir. 1992); Lundy v. Campbell, 888 F.2d 467, 472, 481 (6th Cir.1989); Bell v. Duckworth, 861 F.2d 169, 170 (7 th Cir.1988); but see Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990) (“cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own.”).
cited Cited "but see" Dunnigan v. Keane
W.D.N.Y. · 1997 · signal: but see · confidence high
But see Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990)(“each habeas claim must stand or fall on its own”), cert. denied, 499 U.S. 978 , 111 S.Ct. 1626 , 113 L.Ed.2d 723 (1991).
cited Cited "but see" Collins v. Scully
E.D.N.Y · 1995 · signal: but see · confidence high
But see Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir. 1990) ("each habeas claim must stand or fall on its own”), cert. denied, 499 U.S. 978 , 111 S.Ct. 1626 , 113 L.Ed.2d 723 (1991). 18 .
discussed Cited "but see" George Guy Derden, III v. Sheriff Sammie McNeel and Attorney General--State of Mississippi
5th Cir. · 1992 · signal: but see · confidence high
Derden, 522 So.2d at 754 4 While one court has cited Rochin v. California, 342 U.S. 165, 173 , 72 S.Ct. 205, 210 , 96 L.Ed. 183 (1952), in support of a cumulative error theory, Walker v. Engle, 703 F.2d 959, 969 (6th Cir.1983), that is rather like citing the Declaration of Independence: general statements about inalienable rights or "fundamental fairness" tell us little about the prerogatives of an individual in concrete factual situations 5 See, e.g., Lundy v. Campbell, 888 F.2d 467, 481 (6th Cir.1989), cert. denied, 495 U.S. 950 , 110 S.Ct. 2212 , 109 L.Ed.2d 538 (1990); Bell v. Duckworth, 8…
discussed Cited "but see" Derden v. McNeel (2×)
5th Cir. · 1992 · signal: but see · confidence high
See, e.g., Lundy v. Campbell, 888 F.2d 467, 481 (6th Cir.1989), cert. denied, 495 U.S. 950 , 110 S.Ct. 2212 , 109 L.Ed.2d 538 (1990); Bell v. Duckworth, 861 F.2d 169, 170 (7th Cir.1988), cert. denied, 489 U.S. 1088 , 109 S.Ct. 1552 , 103 L.Ed.2d 855 (1989); Matlock v. Rose, 731 F.2d 1236, 1244 (6th Cir. 1984), cert. denied, 470 U.S. 1050 , 105 S.Ct. 1747 , 84 L.Ed.2d 812 (1985); Walker v. Davis, 840 F.2d 834, 838 (11th Cir.1988) (arguably a prosecutorial misconduct case rather than cumulative error); but see Girtman v. Lockhart, 942 F.2d 468, 475 (8th Cir.1991), (citing Scott v. Jones, 915 F.2…
discussed Cited as authority (verbatim quote) Morgan v. Wilson
W.D. Ark. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
the question of whether or not a chain of custody has been shown is one of state law
discussed Cited as authority (verbatim quote) Smith v. Frakes
D. Neb. · 2020 · quote attribution · 1 verbatim quote · confidence high
tate law questions are not very often the basis of constitutional error under habeas review.
discussed Cited as authority (rule) Dyanthany Proudie v. Bill Stange
E.D. Mo. · 2026 · confidence medium
Mo. June 24, 2005) (citing Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990)); see also Parker v. Bowersox, 94 F.3d 458, 460 (8th Cir. 1996) (“A state court’s evidentiary rulings can form the basis for federal habeas relief under the due process clause only when they were so conspicuously prejudicial or of such magnitude as to fatally infect the trial and deprive the defendant of due process.”).
discussed Cited as authority (rule) Hydres Binion v. Teri Vandergriff
E.D. Mo. · 2026 · confidence medium
Mo. June 24, 2005) (citing Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990)); see also Parker v. Bowersox, 94 F.3d 458, 460 (8th Cir. 1996) (“A state court’s evidentiary rulings can form the basis for federal habeas relief under the due process clause only when they were so conspicuously prejudicial or of such magnitude as to fatally infect the trial and deprive the defendant of due process.”).
discussed Cited as authority (rule) Miller v. Buckner
E.D. Mo. · 2025 · confidence medium
Under Eighth Circuit law, “cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own.” Henderson v. Norris, 118 F.3d 1283, 1288 (8th Cir. 1997) (quoting Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir. 1990)).
discussed Cited as authority (rule) Tresler v. McBee
E.D. Mo. · 2025 · confidence medium
Mo. June 24, 2005) (“Because the admission or exclusion of evidence is primarily a question of state law, an evidentiary determination rarely gives rise to a federal question reviewable in a habeas petition.”) (citing Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990)).
discussed Cited as authority (rule) (HC) Koenig v. Koenig
E.D. Cal. · 2025 · confidence medium
See Lorraine v. Coyle, 291 F.3d 416, 447 (6th Cir. 2002) (“The Supreme Court has 21 not held that distinct constitutional claims can be cumulated to grant habeas relief”); Henderson v. 22 Norris, 118 F.3d 1283, 1288 (8th Cir. 1997); Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir. 1990) 23 (“cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its 24 own”); Bush v. Carpenter, 926 F.3d 644 , 686 n.16 (10th Cir. 2019) (“Although we are bound by 25 Tenth Circuit precent on this issue, we note, in passing, that the Supreme Court has never 26 recognize…
discussed Cited as authority (rule) Tucker v. Stange
E.D. Mo. · 2025 · confidence medium
Mo. June 24, 2005) (citing Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990)); see also Parker v. Bowersox, 94 F.3d 458, 460 (8th Cir. 1996) (“A state court's evidentiary rulings can form the basis for federal habeas relief under the due process clause only when they were so conspicuously prejudicial or of such magnitude as to fatally infect the trial and deprive the defendant of due process.”).
discussed Cited as authority (rule) Prince v. Brewer
E.D. Mo. · 2024 · confidence medium
Mo. June 24, 2005) (“Because the admission or exclusion of evidence is primarily a question of state law, an evidentiary determination rarely gives rise to a federal question reviewable in a habeas petition.”) (citing Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990)).
discussed Cited as authority (rule) Clark v. Falkenrath
E.D. Mo. · 2024 · confidence medium
The Eighth Circuit does not recognize cumulative-error claims: “cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own.” Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir. 1990) (citing Byrd v. Armontrout, 880 F.2d 1, 11 (8th Cir. 1989)); see also Wainwright v. Lockhart, 80 F.3d 1226 , 1233 (8th Cir. 1996) (“Errors that are not unconstitutional individually cannot be added together to create a constitutional violation.
discussed Cited as authority (rule) Stewart v. United States
E.D. Mo. · 2023 · confidence medium
Even if the claim is construed as such, it would still be denied as “cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own.” Girtman v. Lockhart, 942 F.2d 468, 475 (8th Cir. 1991) (quoting Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir. 1990)); see also Middleton v. Roper, 455 F.3d 838, 851 (8th Cir. 2006).
cited Cited as authority (rule) Roberts v. Lewis
E.D. Mo. · 2023 · confidence medium
Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990).
cited Cited as authority (rule) Rankin v. Payne
E.D. Ark. · 2023 · confidence medium
Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir. 1990).
discussed Cited as authority (rule) Russell v. Payne
E.D. Mo. · 2022 · confidence medium
Because Ground One mirrors the claim raised in his direct appeal, the Court will assume he is referring to Ms. Otey, Mr. Fox, and Mr. Johnson. or exclusion of evidence is primarily a question of state law, an evidentiary determination rarely gives rise to a federal question reviewable in a habeas petition.”) (citing Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990)).
cited Cited as authority (rule) Shelton v. Lewis
E.D. Mo. · 2021 · confidence medium
Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990); Johnson v. Steele, No. 4:11CV01022 SNLJ, 2014 WL 4627174 , at *7 (E.D.
discussed Cited as authority (rule) Roberts v. Payne
E.D. Ark. · 2021 · confidence medium
We repeatedly have recognized “a habeas petitioner cannot build a showing of prejudice on a series of errors, none of which would by itself meet the prejudice test.” Hall v. Luebbers, 296 F.3d 685, 692 (8th Cir.2002) (citation omitted); see, e.g., United States v. Robinson, 301 F.3d 923 , 925 n. 3 (8th Cir.2002) (recognizing “the numerosity of the alleged deficiencies does not demonstrate by itself the necessity for habeas relief,” and noting the Eighth Circuit's rejection of cumulative error doctrine); Wainwright v. Lockhart, 80 F.3d 1226 , 1233 (8th Cir.1996) (“Errors that are not …
cited Cited as authority (rule) Houston v. Stange
E.D. Mo. · 2021 · confidence medium
Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990).
discussed Cited as authority (rule) Darr v. Payne (2×)
E.D. Mo. · 2021 · confidence medium
Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990).
discussed Cited as authority (rule) Taylor v. Frakes
D. Neb. · 2021 · confidence medium
(Filing 1 at CM/ECF p. 22.) On postconviction appeal, the Nebraska Supreme Court rejected this argument, explaining that, because none of Taylor’s individual claims of ineffective assistance of counsel had merit, “the cumulative effect of such claims did not result in an unfair trial” and did “not merit postconviction relief.” (Filing 8-6 at CM/ECF p. 11 (citing State v. Robinson, 843 N.W.2d 672 (Neb. 2014).) The Eighth Circuit has made clear that “cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own.” Girtman v. Lockhart, 942 F.2d …
discussed Cited as authority (rule) Pettey v. Pash (2×)
E.D. Mo. · 2020 · confidence medium
The Eighth Circuit has made clear that “cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own.” Girtman v. Lockhart, 942 F.2d 468, 475 (8th Cir. 1991) (quoting Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir. 1990)).
cited Cited as authority (rule) Gillespie v. Griffith
E.D. Mo. · 2019 · confidence medium
Scott v. Jones, 915 F.2d 1188, 1190-91 (8th Cir. 1990); Johnson v. Steele, No. 4:11CV01022 SNLJ, 2014 WL 4627174 , at *7 (E.D.
examined Cited as authority (rule) Johnson v. United States (3×) also: Cited "see"
N.D. Iowa · 2012 · confidence medium
Nevertheless, the court in Girtman did expressly reject the petitioner’s eumulativeness claim in light of post-Strickland circuit precedent holding that “ ‘cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own.’ ” Girtman, 942 F.2d at 475 (quoting Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990), cert. denied 499 U.S. 978 , 111 S.Ct. 1626 , 113 L.Ed.2d 723 (1991)).
discussed Cited as authority (rule) John Middleton v. Al Luebbers
8th Cir. · 2006 · confidence medium
We repeatedly have recognized “a habeas petitioner cannot build a showing of prejudice -14- on a series of errors, none of which would by itself meet the prejudice test.” Hall v. Luebbers, 296 F.3d 685, 692 (8th Cir. 2002) (citation omitted); see, e.g., United States v. Robinson, 301 F.3d 923 , 925 n.3 (8th Cir. 2002) (recognizing “the numerosity of the alleged deficiencies does not demonstrate by itself the necessity for habeas relief,” and noting the Eighth Circuit’s rejection of cumulative error doctrine); Wainwright v. Lockhart, 80 F.3d 1226 , 1233 (8th Cir. 1996) (“Errors that…
discussed Cited as authority (rule) John Middleton v. Don Roper, 1
8th Cir. · 2006 · confidence medium
We repeatedly have recognized “a habeas petitioner cannot build a showing of prejudice on a series of errors, none of which would by itself meet the prejudice test.” Hall v. Luebbers, 296 F.3d 685, 692 (8th Cir.2002) (citation omitted); see, e.g., United States v. Robinson, 301 F.3d 923 , 925 n. 3 (8th Cir.2002) (recognizing “the numerosity of the alleged deficiencies does not demonstrate by itself the necessity for habeas relief,” and noting the Eighth Circuit’s rejection of cumulative error doctrine); Wainwright v. Lockhart, 80 F.3d 1226 , 1233 (8th Cir.1996) (“Errors that are no…
discussed Cited as authority (rule) Ryan v. Clarke
D. Neb. · 2003 · confidence medium
Id. (citing United States v. Stewart, 20 F.3d 911, 917-18 (8th Cir.1994); Wharton-El v. Nix, 38 F.3d 372, 375 (8th Cir.1994); Griffin v. Delo, 33 F.3d 895, 903-04 (8th Cir.1994)). “[E]ach habeas claim must stand or fall on its own.” Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990).
discussed Cited as authority (rule) Noel v. Norris
E.D. Ark. · 2002 · confidence medium
As petitioner recognizes, the Eighth Circuit has unequivocally held that “cumulative error does not call for habeas relief, as each habeas claim must stand and fall on its own.” Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990); Girtman v. Lockhart, 942 F.2d 468 (8th Cir.1991); Henderson v. Norris, 118 F.3d 1283, 1288 (8th Cir.1997).
discussed Cited as authority (rule) Leisure v. Bowersox
E.D. Mo. · 1998 · confidence medium
Cumulative error is not grounds for habeas relief because *795 "each habeas claim must stand or fall on its own." Girtman v. Lockhart, 942 F.2d 468, 475 (8th Cir.1991) ( citing Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990)).
cited Cited as authority (rule) Wilburn Henderson v. Larry Norris
8th Cir. · 1997 · confidence medium
As Henderson himself acknowledges, "cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own." Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir. 1990).
cited Cited as authority (rule) Wilburn L. Henderson v. Larry Norris, Director, Arkansas Department of Correction
8th Cir. · 1997 · confidence medium
As Henderson himself acknowledges, “cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own.” Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990).
cited Cited as authority (rule) Boliek v. Delo
W.D. Mo. · 1995 · confidence medium
Scott v. Jones, 915 F.2d 1188, 1191 (8th Cir.1990) (citations omitted).
Retrieving the full opinion text from the archive…
Arlester E. SCOTT, Appellant,
v.
Jim JONES and William L. Webster, Appellees
89-2464WM.
Court of Appeals for the Eighth Circuit.
Oct 3, 1990.
915 F.2d 1188
Shannon L. Spangler, Kansas City, Mo., for appellant., Breck K. Burgess, Jefferson City, Mo., for appellees.
Arnold, Wollman, Gibson.
Cited by 67 opinions  |  Published
1 passages pin-cited by 3 cases
Pinpoint authority: bottom 76%
Citer courts: Court of Criminal Appeals of A… (3)
FLOYD R. GIBSON, Senior Circuit Judge.

Arlester Scott sought habeas relief by petition filed in March 1988 for redress of alleged errors in two successive trials for the same first degree robbery charge, each resulting in a 25-year sentence. The district court [1] granted his petition on its first of seven points, double jeopardy. Scott v. Jones, 688 F.Supp. 510 (W.D.Mo.1988). A panel of this court reversed that order. Scott v. Jones, 862 F.2d 1311 (1988), cert. denied, — U.S. -, 109 S.Ct. 3169, 104 L.Ed.2d 1031 (1989). Thereafter, the district court denied relief on Scott’s remaining six points by its Memorandum Opinion and Order filed August 17, 1989. Scott appeals, advancing error on each point. We affirm the district court.

I. BACKGROUND

Scott has been twice tried and convicted for the robbery of a Kansas City food store which occurred in March 1981. Both convictions relied heavily on certain fingerprint evidence on cardboard from a duct-tape container used in the robbery and an in-court ID of Scott as the taller of the two robbers. Whether Scott wore a beard at[*1190] the time of the robbery is disputed. He did not wear one at trial. The first conviction was set aside by the Missouri Court of Appeals in 1983 for evidentiary error. State v. Scott, 647 S.W.2d 601 (Mo.App.1983). Scott’s retrial, reconviction, and re-sentence were upheld by that court in 1985. State v. Scott, 699 S.W.2d 760 (Mo.App.1985). Transfer to the Missouri Supreme Court was denied, as was state post-conviction relief. This habeas action is the most recent chapter in Scott’s saga. We direct the reader to the published state court opinions above, as well as to the earlier opinions from this court and from the district court, for a recitation of the facts. We delineate only those facts helpful to an understanding of our abbreviated, discussion as this appeal does not merit extensive written discourse.

II. DISCUSSION

Scott advanced six points in the district court and here. We take them seriatim from the district court’s order of denial of last August. See Designated Record at 272-83.

First Scott argues that the evidence from his second trial was insufficient to support conviction. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), requires a federal court on habeas review for sufficiency of the evidence to determine whether a rational jury could reasonably reach a verdict of guilty beyond a reasonable doubt, drawing inferences in the prosecution’s favor. Id. at 324, 326, 99 S.Ct. at 2791, 2792. As the district court noted, this issue is probably foreclosed by our first opinion, wherein we said “[tjhere seems to be no doubt that the duct tape evidence coupled with the identification testimony presented a submissible case in which a jury could properly reach a guilty verdict.” Scott, 862 F.2d at 1316 n. 2. Nevertheless, we have reviewed the second trial transcript for ourselves under the dictates of Jackson. Like the first panel in this case and the district court, we conclude that Scott was convicted on sufficient evidence. [2]

Second Scott argues that the fingerprint evidence from the duct-tape was inadmissible because the state failed to show a proper chain of custody. This was, in part, the reason the Missouri Court of Appeals reversed Scott’s first conviction. Scott, 647 S.W.2d at 607. The question of whether or not a chain of custody has been shown is one of state law, and state law questions are not very often the basis of constitutional error under habeas review. Harrison v. Dahm, 880 F.2d 999, 1001 (8th Cir.1989) (quoting Maggitt v. Wyrick, 533 F.2d 383, 385 (8th Cir.), cert. denied, 429 U.S. 898, 97 S.Ct. 264, 50 L.Ed.2d 183 (1976) (other citations omitted)). This issue, too, may be foreclosed by the same language quoted above from our earlier opinion in this matter. Again, however, our own determination is that no constitutional error occurred by the admission of the evidence concerning Scott’s fingerprint on the cardboard from the duct-tape container.

Scott’s next ground fails as well. He alleges that his cause challenges of certain jurors should have been granted because those jurors indicated that they would take the testimony of police officers more seriously than that of lay witnesses. However, as the district court pointed out, the trial transcript indicates that all the challenged jurors responded that they would weigh all testimony, according to instructions, based solely on what they heard from the stand and the demeanor of each witness. See Second Trial Transcript at 81-84.

Ground four of this appeal is the first of Scott’s two ineffective assistance claims. He argues that his state appellate counsel was deficient for failing to brief a certain point from his motion for new trial after his second conviction. That point argued an evidentiary error in the admission of certain testimony concerning Scott’s wearing a beard at the time of the crime as irrelevant. As with the fingerprint evi[*1191] dence, this is a state law question. If a federal question were raised, we would apply Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Home v. Trickey, 895 F.2d 497, 499 (8th Cir.1990). Under Strickland, Scott has not shown deficiency of counsel, much less prejudice, by failure of his appellate counsel to brief an evidentiary decision decided against him. However, we conclude, as did the district court, that the evidentiary determination and the failure to brief it on appeal do not give rise to a federal question reviewable in a habeas petition.

The next ground addressed by the district court was that Scott was denied his right to take the stand in his own defense and denied his right to counsel, because of the trial court’s decision to abide by the Missouri statute on impeachment of witnesses. According to Scott, because Missouri law [3] permits a witness to be impeached by the introduction of prior convictions and because the trial court refused to limit such introductions in the event that Scott testified, he and his trial counsel were prevented from making their own decision on whether or not he should testify. The district court concluded that this argument did not make a claim cognizable in habeas review. Earlier, the Missouri Court of Appeals had rejected this argument on appeal of Scott’s first conviction, Scott, 647 S.W.2d at 610, relying on the precedent from the Missouri Supreme Court of State v. Williams, 603 S.W.2d 562, 568-69 (Mo.1980). For our part, we note that “[i]t is axiomatic that when a defendant takes the stand in his own behalf he may be cross-examined with respect to prior felony convictions.” Montgomery v. United States, 403 F.2d 605, 611 (8th Cir.1968) (describing predecessor Missouri statute as one abolishing the rule that persons with criminal convictions could not testify) (citations omitted), cert. denied 396 U.S. 859, 90 S.Ct. 126, 24 L.Ed.2d 110 (1969). [4] Scott has not made out a constitutional claim for habeas review on this point.

The last ground from Scott’s petition and addressed by the district court is Scott’s second ineffective assistance claim. Second trial counsel for Scott declined to call certain witnesses, most particularly Scott’s former girlfriend, who could have testified as to an alibi and whether Scott wore a beard. The district court’s careful analysis of this claim cannot be usefully supplemented by us. See Designated Record at 277-83. We agree with it that Scott’s second trial counsel’s decisions were not unreasonable and that they did not result in ineffective assistance under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). While the Missouri “trial strategy” standard appears to have infected the analysis of the state courts, review under Strickland proves nothing of constitutional magnitude.

Scott’s appeal also advances a cumulative error theory. This court has said that cumulative error does not call for habeas relief, as each habeas claim must stand or fall on its own. Byrd v. Armontrout, 880 F.2d 1, 11 (8th Cir.1989) (quoting Lee v. Lockhart, 754 F.2d 277, 279 (8th Cir.1985)), cert. denied, — U.S. -, 110 S.Ct. 1326, 108 L.Ed.2d 501 (1990). This claim fails on that precedent, and, in fact, was not even presented to the district court.

III. CONCLUSION

Finding no grounds for habeas relief and no error in the district court’s denial of Scott’s grounds for habeas relief, we affirm that denial in all respects.

1

. The Late Honorable John W. Oliver, Senior United States District Judge for the Western District of Missouri.

2

. Our review considers the fingerprint evidence, despite Scott's protestations, because we have resolved this issue against him in our continuing discussion.

3

. The current version of the statute of which Scott complains is at Mo.Rev.Stat. § 491.050 (1986).

4

. In Drake v. Wyrick, 640 F.2d 912, 916 (8th Cir.1981), we declined to consider a similar argument with respect to § 491.050 because the argument had not been made to the Missouri state courts first.