Benny Hatley v. A.L. Lockhart, Dir., Arkansas Dep't of Corr., 990 F.2d 1070 (8th Cir. 1993). · Go Syfert
Benny Hatley v. A.L. Lockhart, Dir., Arkansas Dep't of Corr., 990 F.2d 1070 (8th Cir. 1993). Cases Citing This Book View Copy Cite
88 citation events (43 in the last 25 years) across 17 distinct courts.
Strongest positive: Weeks v. Angelone (ca4, 2000-03-10)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Weeks v. Angelone
4th Cir. · 2000 · quote attribution · 1 verbatim quote · confidence high
a second inter- rogation is not rendered unconstitutional simply because it involves the same subject matter discussed during the first interview.
discussed Cited as authority (verbatim quote) United States v. Miller
3rd Cir. · 1999 · signal: see · quote attribution · 1 verbatim quote · confidence high
we have discretion to consider issues not raised in the briefs, particularly where substantial public interests are involved
discussed Cited as authority (rule) State v. Willingham (2×) also: Cited "see, e.g."
S.D. · 2019 · confidence medium
Id. at 106 , 96 S. Ct. 327 ; Hatley v. Lockhart, 990 F.2d 1070, 1073-74 (8th Cir. 1993). [¶39.] During the first interview, after Willingham made several incriminating statements regarding his role in the crimes, he began to disagree -14- #28584 with the officers about whether he delivered marijuana in Wyoming.
discussed Cited as authority (rule) State Of Washington v. Lovett James Chambers
Wash. Ct. App. · 2016 · confidence medium
See, e.g., United States v. Schwensow, 151 F.3d 650, 659 (7th Cir. 1998); United States v. Andrade, 135 F.3d 104, 106-07 (1st Cir. 1998); Hatley v. Lockhart, 990 F.2d 1070, 1074 (8th Cir. 1993); United States v. Hsu, 852 F.2d 407, 410 (9th Cir. 1988); Jackson v. Dugger, 837 F.2d 1469, 1471-72 (11th Cir. 1988); United States v. Smith, 608 F.2d 1011, 1014-15 (4th Cir. 1979); Wilson v. Henderson, 584 F.2d 1185, 1188-89 (2d Cir. 1978). ¶112 For example, in Hsu , the Ninth Circuit adopted an approach that considers all of the relevant factors with no one factor dispositive.
discussed Cited as authority (rule) Kendrick Story v. Maxcie Foote (2×)
8th Cir. · 2015 · confidence medium
Generally, "a party's failure to raise or discuss an issue in his brief is to be deemed an abandonment of that issue." Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir. 1993) (internal quotation marks omitted); see also Fenney v. Dakota, Minn. & E.
cited Cited as authority (rule) Latisha Williams v. Fidelity National Insur
5th Cir. · 2010 · confidence medium
As this case does not involve “ ‘substantial public interests,’ ” Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir.1993) (quoting Cont’l Ins.
discussed Cited as authority (rule) United States v. DeMarce (2×) also: Cited "see"
8th Cir. · 2009 · confidence medium
Hatley v. Lockhart, 990 F.2d 1070, 1073-74 (8th Cir.1993), citing Michigan v. Mosley, 423 U.S. 96, 104 , 96 S.Ct. 321 , 46 L.Ed.2d 313 (1975).
examined Cited as authority (rule) United States v. Joseph DeMarce (4×) also: Cited "see"
8th Cir. · 2009 · confidence medium
Hatley v. Lockhart, 990 F.2d 1070, 1073-74 (8th Cir. 1993), citing Michigan v. Mosley, 423 U.S. 96, 104 (1975).
discussed Cited as authority (rule) United States v. Duane Thundershield
8th Cir. · 2007 · confidence medium
While we have discretion to consider issues not raised in the briefs, see Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir. 1993), we decline to do so here, where the district court properly treated the Guidelines as advisory, and where Thundershield’s 10-year term of supervised release is well within the statutory limit of life.
discussed Cited as authority (rule) United States v. Duane Collins Thundershield
8th Cir. · 2007 · confidence medium
While we have discretion to consider issues not raised in the briefs, see Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir.1993), we decline to do so here, where the district court properly treated the Guidelines as advisory, and where Thundershield’s 10-year term of supervised release is well within the statutory limit of life.
discussed Cited as authority (rule) Benjamin Archuleta v. Bill Hedrick
8th Cir. · 2004 · confidence medium
In these circumstances, we will exercise our discretion to consider unlawful detention issues not raised in the briefs because “substantial public interests are involved.” Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir.1993) (quotation omitted).
discussed Cited as authority (rule) BENJAMIN ARCHULETA, — v. BILL HEDRICK, WARDEN UNITED STATES OF AMERICA, —
8th Cir. · 2004 · confidence medium
In these circumstances, we will exercise our discretion to consider unlawful detention issues not raised in the briefs because "substantial public interests are involved." Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir.1993) (quotation omitted).
discussed Cited as authority (rule) Davie v. Mitchell
N.D. Ohio · 2003 · confidence medium
See, e.g., Weeks v. Angelone, 176 F.3d 249, 268 (4th Cir.1999) (pertinent inquiry is not the subject of the later interview, but whether officers sought to undermine the suspect’s desire to remain silent); Hatley v. Lockhart, 990 F.2d 1070, 1074 (8th Cir.1993) (“[A] second interrogation is not rendered unconstitutional simply because it involves the same subject matter discussed during the first interview.”); United States v. Hsu, 852 F.2d 407, 410 (9th Cir.1988) (“an identity of subject matter in the first and second interrogations is not sufficient, in and of itself, to render the se…
discussed Cited as authority (rule) United States v. Barry Leon Ardley
11th Cir. · 2001 · confidence medium
See United States v. Diaz, 138 F.3d 1359, 1362 (11th *1004 Cir.1998) (recognizing that a court of appeals may, sua sponte, raise and correct a plain error in sentencing, but declining to do so) (citing United States v. Adams, 634 F.2d 830, 836 (5th Cir. Unit A Jan. 19, 1981 19 )); Meadows v. Cagle’s, Inc., 954 F.2d 686 , 693-94 (11th Cir.1992) (reviewing, sua sponte, for plain error a district court’s legal holding on an issue that was not appealed); United States v. Williams, 594 F.2d 86 , 92 n. 12 (5th Cir.1979) (noting that the court is empowered to raise an issue sua sponte for plain e…
examined Cited as authority (rule) United States v. Miranda (6×) also: Cited "see"
5th Cir. · 2001 · confidence medium
Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir.1993).
discussed Cited as authority (rule) United States v. Ardley
11th Cir. · 2001 · confidence medium
P. 52(b), to address a plain error sua sponte); Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir. 1993) (addressing the merits of a defendant’s contention – in part to preclude a later assertion that raising the issue in a habeas proceeding was an abuse of the writ – that his confession was obtained in violation of the Fifth Amendment, even though such issue was not enumerated in the brief).
examined Cited as authority (rule) Phillip Brown v. Paul Caspari, Superintendent (5×) also: Cited "see"
8th Cir. · 1999 · confidence medium
Hatley v. Lockhart, 990 F.2d at 1073-74 (citations omitted).
examined Cited as authority (rule) Phillip Brown v. Paul Caspari (5×) also: Cited "see"
8th Cir. · 1999 · confidence medium
Hatley v. Lockhart, 990 F.2d at 1073-74 (citations omitted).
discussed Cited as authority (rule) Lonnie Weeks, Jr. v. Ronald J. Angelone, Director of the Virginia Department of Corrections
4th Cir. · 1999 · confidence medium
See, e.g., Schwensow, 151 F.3d at 659 (“[T]he constitutionality of a subsequent police interview depends not on its subject matter but rather on whether the police, in conducting the interview, sought to undermine the suspect’s resolve to remain silent.”); Hatley v. Lockhart, 990 F.2d 1070, 1074 (8th Cir.1993) (“[A] second interrogation is not rendered unconstitutional simply because it involves the same subject matter discussed during the first interview.”); United States v. Hsu, 852 F.2d 407, 410 (9th Cir.1988) (noting that under flexible Mosley approach, “an identity of subject …
discussed Cited as authority (rule) United States v. Ronald E. Schwensow
7th Cir. · 1998 · confidence medium
United States v. Andrade, 135 F.3d 104, 106-07 (1st Cir.1998); Hatley v. Lockhart, 990 F.2d 1070, 1074 (8th Cir.1993); United States v. Hsu, 852 F.2d 407, 410 (9th Cir.1988); Jackson v. Dugger, 837 F.2d 1469, 1471-72 (11th Cir.1988); United States v. Smith, 608 F.2d 1011, 1014-15 (4th Cir.1979); Wilson v. Henderson, 584 F.2d 1185, 1188-89 (2d Cir.1978).
discussed Cited as authority (rule) Robert T. Sidebottom v. Paul Delo Jay Nixon
8th Cir. · 1995 · confidence medium
Although Sidebottom is correct in asserting that his claims of ineffective assistance of appellate counsel were preserved for federal collateral review, he has wholly failed to develop any arguments on the merits in his brief. ‘We have generally held that a party’s failure to raise or discuss an issue in his brief is to be deemed an abandonment of that issue.” Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir.1993).
discussed Cited as authority (rule) 11126 Baltimore Boulevard, Incorporated, T/a Warwick Books v. Prince George's County, Maryland (2×)
4th Cir. · 1995 · confidence medium
See, e.g., Cades v. H & R Block, Inc., 43 F.3d 869, 876 (4th Cir.1994), cert. denied, --- U.S. ----, 115 S.Ct. 2247 , 132 L.Ed.2d 255 (1995); Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir.1993) (" '[A] party's failure to raise or discuss an issue in his brief is to be deemed an abandonment of that issue.' ") (quoting Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740 (8th Cir.1985)); Winston v. Children & Youth Servs. of Del.
discussed Cited as authority (rule) United States Ex Rel. Balderas v. Godinez
N.D. Ill. · 1995 · confidence medium
Even if Kajari’s testimony is credited over that of Cummings (as did the Appellate Court), that amounts to a delay of 2 hours and 30 minutes, more than the two-hour interval that Mosley, 423 U.S. at 106 , 96 S.Ct. at 327 held constituted “the passage of a significant period of time.” In light of the totality of the circumstances in which Balderas first claimed the right to remain silent and then waived that right before giving his statement to police, this Court finds that the over-two-hour delay between interrogations was a significant period of time (see, e.g., Hatley v. Lockhart, 990 …
cited Cited as authority (rule) Schneider v. Delo
E.D. Mo. · 1995 · confidence medium
Hatley v. Lockhart, 990 F.2d 1070, 1072 (8th Cir.1993); Perry v. Lockhart, 871 F.2d 1384, 1391 (8th Cir.1989).
discussed Cited as authority (rule) United States v. Atlas Norris Pugh, Jr. (2×) also: Cited "see"
8th Cir. · 1994 · signal: cf. · confidence medium
See McClinton, 982 F.2d at 282 (holding that third factor is present where two interviews are conducted by officers from different jurisdictions); cf. Hatley, 990 F.2d at 1074 (holding that “a second interrogation is not rendered unconstitutional simply because it involves the same subject matter discussed during the first interview”).
discussed Cited as authority (rule) Thomas Henry Battle v. Paul K. Delo (2×) also: Cited "see"
8th Cir. · 1994 · confidence medium
The district court found the trial court dismissed the potential juror because he was .clearly positive in his responses that he would not impose the death penalty in any situation. 9 In reviewing the state trial court’s determination, we recognize that “deference must be paid to the trial judge who sees and hears the juror.” Hatley v. Lockhart, 990 F.2d 1070, 1072 (8th Cir.1993) (quoting Wainwright 469 U.S. at 426 , 105 S.Ct. at 853 ).
discussed Cited as authority (rule) United States v. Fahmy Mohamad Eldeeb
8th Cir. · 1994 · confidence medium
United States v. Sutera, 933 F.2d 641, 645 (8th Cir.1991) (criminal); Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir.1993) (petition for writ of habeas corpus following conviction in state court); Jasperson, supra, 765 F.2d at 740 (civil).
discussed Cited "see" Buster v. Commonwealth
Ky. · 2012 · signal: see · confidence high
See Hatley v. Lockhart, 990 F.2d 1070, 1074 (8th Cir.1993) (the second interviewer’s lack of knowledge of the defendant’s earlier refusal to talk supports an infer- *168 enee that the police scrupulously honored the suspect’s right to cut off questioning).
discussed Cited "see" Clemons v. Luebbers
E.D. Mo. · 2002 · signal: see · confidence high
See Hatley v. Lockhart, 990 F.2d 1070, 1072 (8th Cir.1993)(district court found claim was procedurally barred, but Court of Appeals *1120 found it was properly preserved and so considered it on merits).
discussed Cited "see" Jeffrey Tokar v. Michael Bowersox
8th Cir. · 2000 · signal: see · confidence high
See Hatley v. Lockhart 990 F.2d 1070, 1073 (8th Cir.1993). 11 The ineffective assistance of counsel claim raised and discussed by Tokar in his brief deals with his counsel’s failure to investigate and present evidence that the testimony of the state’s witnesses was inconsistent with his presence at the murder scene at the time of the offense.
discussed Cited "see" United States v. Quentin Miller, A/K/A \Q\" Quentin Miller"
3rd Cir. · 1999 · signal: see · confidence high
See Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir.1993) ("we have discretion to consider issues not raised in the briefs, 'particularly where substantial public interests are involved’ ”) (citation omitted); see also United States v. Babwah, 972 F.2d 30, 35 (2d Cir.1992) (finding it appropriate to reach an issue not raised by defendant's counsel on appeal, in part because the government was afforded an opportunity to argue the issue and would not be prejudiced by the court's decision to reach it). 2 .
discussed Cited "see" Jeffrey Lane Tokar v. Michael Bowersox
8th Cir. · 1999 · signal: see · confidence high
See Hatley v. Lockhart 990 F.2d 1070, 1073 (8th Cir. 1993).11 The ineffective assistance of counsel claim raised and discussed by Tokar in his brief deals with his counsel's failure to investigate and present evidence that the testimony of the state's witnesses was inconsistent with his presence at the murder scene at the time of the offense.
cited Cited "see" Antonio Richardson v. Michael Bowersox
8th Cir. · 1999 · signal: see · confidence high
See Hatley v. Lockhart, 990 F.2d 1070, 1072 (8th Cir.1993); Swindler v. Lockhart, 885 F.2d 1342, 1345-46 (8th Cir.1989).
cited Cited "see" Antonio Richardson v. Michael Bowersox
8th Cir. · 1999 · signal: see · confidence high
See Hatley v. Lockhart, 990 F.2d 1070, 1072 (8th Cir. 1993); Swindler v. Lockhart, 885 F.2d 1342, 1345-46 (8th Cir. 1989).
cited Cited "see" Owsley v. Bowersox
W.D. Mo. · 1999 · signal: see · confidence high
See Hatley v. Lockhart, 990 F.2d 1070, 1072 (8th Cir.1993) (affirming dismissal of habeas petition).
cited Cited "see" Pruett v. Norris
E.D. Ark. · 1997 · signal: see · confidence high
See Hatley v. Lockhart, 990 F.2d 1070, 1072 (1993). 3 .
cited Cited "see" Alan Bannister v. Bill Armontrout Attorney General of the State of Missouri
8th Cir. · 1993 · signal: see · confidence high
See Hatley v. Lockhart, 990 F.2d 1070, 1072 (8th Cir.1993).
discussed Cited "see, e.g." Kim Kinder v. Michael White (2×)
4th Cir. · 2015 · signal: see also · confidence medium
See Eriline Co. S.A. v. Johnson, 440 F.3d 648 , 653 n.7 (4th Cir. 2006) (single “conclusory remark” in brief “insufficient” to constitute an argument); see also Reynolds v. Wagner, 128 F.3d 166, 178 (3d Cir. 1997) (“[A]n argument consisting of no more than a conclusory assertion . . . will be deemed waived.”). “[A] party’s failure to raise or discuss an issue in his brief is to be deemed an abandonment of that issue.” Hatley v. Lockhart, 990 F.2d 1070, 1073 (8th Cir. 1993) (internal quotation marks omitted)). 16 We recognize that, in limited circumstances, this court may affi…
discussed Cited "see, e.g." Davie v. Mitchell (2×)
6th Cir. · 2008 · signal: see also · confidence low
The fact that the officers focused each of their interrogations on the issue of what occurred at the VCA does not change my analysis because "a second interrogation is not rendered unconstitutional simply because it involves the same subject matter discussed during the first interview." United States v. House, 939 F.2d 659, 662 (8th Cir.1991); see also Hatley v. Lockhart, 990 F.2d 1070 (8th Cir.1993) (the fact that a second interrogation of defendant involved the same subject matter as the first did not violate defendant's rights where there was no effort to wear down the resistance, and the p…
discussed Cited "see, e.g." United States v. Arboleda A. Ortiz, United States of America v. German Sinisterra, United States of America v. Plutarco Tello
8th Cir. · 2003 · signal: compare · confidence medium
Compare Hatley v. Lockhart, 990 F.2d 1070, 1072 (8th Cir.1993), in which we held that the trial court properly excluded a potential juror who stated that she would “automatically” vote for life imprisonment.
discussed Cited "see, e.g." United States v. Arboleda A. Ortiz
8th Cir. · 2002 · signal: compare · confidence medium
Compare Hatley v. Lockhart, 990 F.2d 1070, 1072 (8th Cir. 1993), in which we held that the trial court properly excluded a potential juror who stated that she would “automatically” vote for life imprisonment.
Retrieving the full opinion text from the archive…
Benny HATLEY, Appellant,
v.
A.L. LOCKHART, Director, Arkansas Department of Correction, Appellee
92-1934.
Court of Appeals for the Eighth Circuit.
Apr 13, 1993.
990 F.2d 1070
Craig Lambert, Little Rock, AR, argued (Herbert T. Wright, Jr., on the brief), for appellant., Kelly Hill, Asst. Atty. Gen., Little Rock, AR, argued for appellee.
Gibson, John, Strom, Wollman.
Cited by 50 opinions  |  Published
WOLLMAN, Circuit Judge.

Benny Ray Hatley appeals from the dismissal of his petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254. We affirm.

I.

Hatley was found guilty by a jury on two charges of capital murder arising out of the killing of two Cotton Plant, Arkansas, police officers on July 13, 1984. The Arkansas Supreme Court affirmed Hatley’s convictions on direct appeal, see Hatley v. State, 289 Ark. 130, 709 S.W.2d 812 (1986), and Hatley is serving two consecutive life sentences in the Arkansas State Penitentiary-

Hatley raised thirteen grounds for relief in his amended habeas petition. The magistrate judge [1] to whom the casé had been assigned found that Hatley had procedurally defaulted with respect to nine of the thirteen grounds by failing to raise them before the state court and that he had not established cause and prejudice to excuse the procedural defaults. The magistrate judge found no merit in the remaining four claims. The, district court [2] adopted the recommendation and dismissed the petition.

In his brief on appeal to this court, Hat-ley raises the following claims: (1) the trial court erred in seating a death-qualified jury and in excusing for cause a juror who voiced her opposition to imposing the death penalty; (2) the seating of a death-qualified jury resulted in the exclusion of a disproportionate number of black citizens in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); (3)[*1072] Hatley was prejudiced by the admission of photographs depicting the victims; and (4) the jury deliberations were tainted by the presence of a newspaper article in the jury room.

Hatley first claims that the trial court erred in allowing the prosecution to challenge for cause any prospective jurors who gave any indication that they disapproved of the death penalty. Although the district court found that this claim was procedurally barred, we agree with the state that the claim was raised by Hatley in his appeal to the Arkansas Supreme Court. Accordingly, the claim is properly before us. We hold, however, that it is foreclosed by the Supreme Court’s decision in Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. 1758, 90 L.Ed.2d 137 (1986).

In a more specific challenge to the jury selection process that occurred in his case, Hatley contends that the trial court erred in excusing for cause a potential juror who voiced her reluctance to impose the death penalty.

Under Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985), a trial court may excuse a juror for cause if it finds that “the juror’s views would ‘prevent or substantially impair the performance of [her] duties as a juror in accordance with [her] instructions and [her] oath.’ ’’ . Hulsey v. Sargent, 865 F.2d 954, 956 (8th Cir.), cert. denied, 493 U.S. 923, 110 S.Ct. 291, 107 L.Ed.2d 270 (1989) (quoting Witt, 469 U.S. at 424, 105 S.Ct. at 852). In reviewing this determination, we are mindful that “deference must be paid to the trial judge who sees and hears the juror.” Witt, 469 U.S. at 426, 105 S.Ct. at 853.

During voir dire, the potential juror in question repeatedly expressed her opposition to the death penalty. At one point, she stated, “[n]o matter what the facts and circumstances are I could not consider the death penalty.” Further, she remarked that if she found Hatley guilty, she would “automatically vote for life without parole.” Accordingly, we agree with the state that the trial court properly excused this person for cause.

Because Hatley failed to present his Batson claim in his petition to the Arkansas Supreme Court, and because he has shown no cause to excuse his failure to do so, he is barred from raising it in this proceeding. Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977).

Hatley argues that the trial court erred in admitting photographs of the two victims. Hatley claims that the state’s only purpose in introducing these photographs was to inflame the jury’s emotions, because neither the identity of the victims nor the cause of death was contested.

We have held that the “[admissibility of evidence is a matter of state law and usually does not form the basis for habeas corpus relief.” Hulsey v. Sargent, 821 F.2d 469, 472 (8th Cir.) (addressing claim that Arkansas court’s admission of photographs violated due process), cert. denied, 484 U.S. 930, 108 S.Ct. 299, 98 L.Ed.2d 258 (1987). Even if we determine that the trial court erred in admitting the evidence, to merit habeas relief “[t]he trial error must be so great that it infringes upon a specific constitutional protection or is so prejudicial that it amounts to a denial of due process.” Id.; accord Wood v. Lockhart, 809 F.2d 457, 459-60 (8th Cir.1987).

Hatley’s claim is without merit. There is no evidence from the record that the photographs were inflammatory. Rather, the record indicates that the photographs depicted routine autopsy views and were used to assist the medical examiner during his testimony. Accordingly, the district court properly rejected this claim.

Hatley next argues that the jury foreman improperly brought information concerning parole to the attention of the jury during deliberations. Specifically, Hatley complains that the jury foreman brought into the jury room a short newspaper article listing recent parolees from the Arkansas Department of Corrections, their crimes, and the beginning dates of their sentences. Hatley v. State, 709 S.W.2d at 817.

[*1073] We note initially that Hatley can obtain relief on this claim only if he can show that the article’s presence in the jury room during deliberations amounted to a deprivation of due process. Isom v. Lockhart, 847 F.2d 484, 486 (8th Cir.1988). “The mere violation of state law, without more, does not amount to a deprivation of due process in violation of the Fourteenth Amendment.” Id.

The Arkansas Supreme Court found that “the juror stated the article contained no information that was not already a part of his common knowledge and the article was not circulated.” Hatley v. State, 709 S.W.2d at 817. Moreover, the Arkansas Supreme Court found that “[tjhere is no indication the information was used to improperly influence any juror.” Id. We accord these factual findings of the Arkansas Supreme Court a presumption of correctness under 28 U.S.C. § 2254(d). Hatley has failed to demonstrate that the juror’s act of bringing the article into the jury room resulted in prejudice sufficient to deny him due process. See Isom, 847 F.2d at 486. Accordingly, we reject Hatley’s claim for relief concerning the admission of the photographs.

Last, we address Hatley's claim that the police obtained his confession in violation of his Fifth Amendment Miranda rights.

Hatley failed to raise this issue in his brief to this court. [3] Federal Rule of Appellate Procedure 28(a) provides that an appellant’s brief “shall contain the contentions of the appellant with respect to the issues presented, and the reasons therefor.” We have generally held that “a party’s failure to raise or discuss an issue in his brief is to be deemed an abandonment of that issue.” Jasperson v. Purolator Courier Corp., 765 F.2d 736, 740 (8th Cir.1985). Nonetheless, we have discretion to consider issues not raised in the briefs, “particularly where substantial public interests are involved.” Continental Ins. Cos. v. Northeastern Pharm. & Chem. Co., Inc., 842 F.2d 977, 984 (8th Cir.), cert. denied, 488 U.S. 821, 109 S.Ct. 66, 102 L.Ed.2d 43 (1988). Because any attempt by Hatley to raise the Miranda issue in a subsequent habeas proceeding might be deemed to constitute an abuse of the writ, we elected to exercise our discretion by requesting supplemental briefs on this issue.

The facts relating to Hatley’s Fifth Amendment claim are not in dispute. At 4:00 a.m. on July 14, 1984, Des Arc, Arkansas police officer Ken Stice arrested Hatley and read him his Miranda rights. Hatley immediately told Stice that he did not wish to say anything. Hatley concedes that the police immediately terminated their questioning and took him to a cell.

Two hours later, at about 6:00 a.m., police brought Hatley downstairs for trace metal tests. By this time, officer Bill Gage of the Arkansas State Police had arrived. Gage had not been told what Hatley had said but had been told that he might not talk. Gage told Hatley, “I’m Bill Gage with the State Police. Benny, you’re in a lot of trouble. You want to tell me about it?” Hatley replied, “Yes, sir, I’ll talk to you.” Gage thereupon read Hatley his Miranda rights, going over each right individually. Hatley then told his story in narrative form and readily admitted to having shot the two officers.

“The admissibility of statements obtained after a person in custody has decided to remain silent depends on whether his right to cut off questioning has been ‘scrupulously honored.’ ” Otey v. Grammer, 859 F.2d 575, 578-79 (8th Cir.1988) (quoting Michigan v. Mosley, 423 U.S. 96, 104, 96 S.Ct. 321, 326, 46 L.Ed.2d 313 (1975)), cert. denied, 497 U.S. 1031, 110 S.Ct. 3288, 111 L.Ed.2d 796 (1990). In Mosley, the Supreme Court relied on three factors to determine whether the police had scrupulously honored the defendant’s right of silence: (1) whether the police immediately ceased the interrogation upon defendant’s request; (2) whether they resumed questioning only after the passage of a significant period of time and provided a fresh set of Miranda warnings; and (3) whether they restricted the later interrogation to a crime that had[*1074] not been the subject of the first interrogation. Mosley, 423 U.S. at 106, 96 S.Ct. at 327-28; Otey, 859 F.2d at 579.

Applying the Mosley factors, we hold that Hatley’s Fifth Amendment right to remain silent was not violated.

With respect to the first Mosley factor, the police immediately ceased the interrogation upon his request. Indeed, Hatley concedes in his supplemental brief to this court that “the first Mosley factor weighs in the State’s favor....”

Under the second Mosley factor, we must determine whether the police resumed questioning after the passage of a significant period of time and after providing fresh Miranda warnings. The record shows that officer Gage read Hatley his Miranda warnings anew after Hatley had agreed to speak to him concerning the killings. There was a lapse of approximately two hours between 4:00 a.m., when Hatley refused to speak to police, and 6:00 a.m., when he spoke to officer Gage. In Mosley, the Supreme Court held that an interval of more than two hours constituted “the passage of a significant period of time.” 423 U.S. at 106, 96 S.Ct. at 327. We of course cannot predict what length of time the Court will establish as the minimum interval necessary to satisfy the second Mosley factor. When viewed in the totality of the circumstances in which Hatley first exercised and then waived his right to remain silent, however, we cannot agree with Hat-ley’s contention that the two-hour interval between his contacts with officer Stice and officer Gage was not a significant period of time. See United States v. McClinton, 982 F.2d 278, 282 (8th Cir.1993) (noting parenthetically that two hours is a significant amount of time).

As to the third factor, “this Court has previously held that a second interrogation is not rendered unconstitutional simply because it involves the same subject matter discussed during the first interview.” United States v. House, 939 F.2d 659, 662 (8th Cir.1991); accord, United States v. Finch, 557 F.2d 1234, 1236 (8th Cir.), cert. denied, 434 U.S. 927, 98 S.Ct. 409, 54 L.Ed.2d 285 (1977). In Finch, we applied the Mosley criteria and “found no effort to wear down the defendant’s resistance, and thus concluded that his right to cut off questioning had been scrupulously honored.” Jackson v. Wyrick, 730 F,2d 1177, 1179 (8th Cir.) (discussing Finch, 557 F.2d at 1236), cert. denied, 469 U.S. 849, 105 S.Ct. 167, 83 L.Ed.2d 102 (1984).

The circumstances surrounding both of the police contacts with Hatley support the state court’s finding that the authorities scrupulously honored Hatley’s right to cut off questioning. This is not a case where the authorities “persisted in ‘repeated efforts to wear down [the person’s] resistance’ in order to change the person’s version of the facts.” McClinton, 982 F.2d at 282 (quoting Mosley, 423 U.S. at 105-106, 96 S.Ct. at 327). Hatley was not locked in a single interrogation room after his invocation of his right to remain silent but was taken to his cell. Moreover, at the time of his contact with officer Gage, Hatley had been taken to another area of the police station to perform trace metal tests. Last, Gage had not been told what Hatley had said, but only that he “might not talk.” Hatley, 709 S.W.2d at 813; see McClinton, 982 F.2d at 282 (second interviewer’s unawareness of defendant’s refusal to talk in first interview supports inference that Fifth Amendment rights were not violated). Thus, Hatley has failed to show that the police recontacted him with the sole purpose of inducing him to abandon his earlier assertion of Miranda rights. Consequently, the mere fact that Hatley’s interview with officer Gage concerned that same subject matter as the earlier attempt to interview him does not render his confession inadmissible.

The district court’s judgment is affirmed.

1

. The Honorable David H. Young, United States Magistrate Judge for the Eastern District of Arkansas.

2

. The Honorable G. Thomas Eisele, Senior United States District Judge for the Eastern District of Arkansas.

3

. We note that Hatley’s present counsel did not prepare Hatley’s brief to this court.