Section 15.42 Failure to Preserve Error

• Library: App Ct Prac 2015 Supp

5. (§15.42) Failure to Preserve Error

In Wainwright v. Sykes, 433 U.S. 72 (1977), it was held that a state prisoner who failed to comply with Florida’s “contemporaneous objection” rule could not obtain federal habeas corpus relief on his claim that his confession was obtained in violation of Miranda. Missouri has a similar procedural default doctrine. State v. Gray, 432 S.W.2d 593, 596 (Mo. 1968); Howard v. Wyrick, 720 F.2d 993 (8^th Cir. 1983). The Eighth Circuit Court of Appeals, however, has held that the doctrine will not be applied to bar federal relief when the state court...