dissenting.
I respectfully dissent.
Justice Blackmun noted that “the death penalty remains fraught with arbitrariness” and “cannot be administered consistently and rationally” even when states follow their procedural safeguards. Callins v. Collins, 510 U.S. 1141, 1144, 1147, 114 S.Ct. 1127, 1129, 127 L.Ed.2d 435 (1994) (Blackmun, J., dissenting) (citations omitted). When a state fails to follow its procedural safeguards, the administration of the death penalty becomes irrational. Alan Bannister’s death sentence exemplifies such an arbitrary and irrational outcome because the state supreme court’s proportionality review neglected to include life imprisonment cases as mandated by state law.
The Missouri Supreme Court relies on a data base to conduct a proportionality review of all capital punishment sentences. Bannister asserts that the Missouri Supreme Court failed to properly maintain this data base of capital cases as mandated by Missouri law. Mo.Rev.Stat. § 565.014 (1978) (repealed and replaced by Mo.Rev.Stat. § 565.014 (1986)). Specifically, although the state supreme court considered four capital punishment cases during Bannister’s proportionality review, he argues that 189 life sentence cases omitted from the State’s data base reveal the disproportionality of his death sentence, and their omission deprived him of his fourteenth amendment protections. The district court regarded the claim as abusive, and found that Bannister failed to show cause and prejudice for not raising the claim in his earlier habeas petition. Appellant’s App. at A8-A11 (Dist.Ct.Order, Dec. 5, 1994). I disagree.
I. Bannister Demonstrated Cause and Prejudice for Failing to Present Claim Regarding Proportionality Review in First Habeas Petition.
The district court found that Bannister failed to raise the proportionality claim in his earlier habeas petition thereby constituting an abuse of the writ. Id. at A9. Thus, Bannister must show cause and prejudice for his failure to raise the claim earlier. See McCleskey v. Zant, 499 U.S. 467, 493-95, 111 S.Ct. 1454, 1470, 113 L.Ed.2d 517 (1991). The district court ruled that Bannister failed to show cause and prejudice. Appellant’s App. at A9-A10 (Dist.Ct.Order, Dee. 5,1994). According to the district court, “Since 1984 Bannister has had the argument that he now advances that the ... cases cited by the [Missouri] Supreme Court in its proportionality review are not comparable to Bannister’s situation.” Id.
I disagree. According to Murray v. Carrier, 477 U.S. 478, 488, 106 S.Ct. 2639, 2645, 91 L.Ed.2d 397 (1986) (quoting Brown v. Allen, 344 U.S. 443, 486, 73 S.Ct. 397, 422, 97 L.Ed. 469 (1953)), an external “objective impediment ... [such as] ‘interference by officials’ [that] made compliance impracticable” constitutes cause. The Missouri Supreme Court’s failure to maintain its data base without disclosing the omission of life sentence cases to Bannister and others exemplifies interference by the State.
*629Moreover, the interference not only made it impractical for Bannister to bring the claim, the interference made it impossible for Bannister to bring the claim. Bannister could not bring his claim until he learned of the omission. Presumably we do not require a defendant to maintain his own data base. Furthermore, although Bannister could have contested the disproportionality of his sentence compared to the cases used by the state supreme court, he could not have demonstrated the disproportionality until he learned of the omitted cases. As the Fourth Circuit acknowledged in Peterson v. Murray, 904 F.2d 882, 887 (4th Cir.1990), although the state court discussed only the most relevant cases in its proportionality review, its decision survived attack in federal habeas because the state court reviewed all capital murder cases. Thus, a state court need not discuss every case it reviews, but it must review all relevant eases.
Accordingly, that the Missouri Supreme Court cited and discussed certain cases does not preclude Bannister from challenging whether the state court reviewed all relevant cases. The State’s failure to disclose the omission of life sentence cases from its data bank prevented Bannister from bringing his claim earlier. As discussed below, the state court’s failure to consider the omitted cases clearly prejudiced Bannister in his proportionality review. As a result, Bannister demonstrated both cause and prejudice allowing this court to reach the merits of his claim.
II. Prior Cases Do Not Dictate the Outcome of Bannister’s Proportionality Review Claim.
The majority relies on this court’s earlier eases to reject Bannister’s claim on its merits. Op. at 627-28. The majority interprets these cases as precluding this court from reviewing the State’s proportionality review procedure for fourteenth amendment violations. Id. With all due respect, the majority misconstrues this court’s earlier cases.
In Foster v. Delo, 39 F.3d 873, 882-83 (8th Cir.1994) (citing Pulley v. Harris, 465 U.S. 37, 50-51, 104 S.Ct. 871, 879-80, 79 L.Ed.2d 29 (1984), cert. denied, — U.S. -, 115 S.Ct. 1719, 131 L.Ed.2d 578 (1995)), we recognized that the federal Constitution does not require a state to conduct a proportionality review of a death sentence. We also acknowledged, however, that when state law requires such review “the Fourteenth Amendment of course entitles [the defendant] to procedures to ensure that the right is not arbitrarily denied.” Foster, 39 F.3d at 883 (citing Wolff v. McDonnell, 418 U.S. 539, 557, 94 S.Ct. 2963, 2975, 41 L.Ed.2d 935 (1974)).
This court’s prior cases held that the particular petitioners each failed to demonstrate an arbitrary denial of their state-created right to a proportionality review. See, e.g., Six v. Delo, 94 F.3d 469, 478 (8th Cir.1996); Williams v. Delo, 82 F.3d 781, 784-85 (8th Cir.1996); LaRette v. Delo, 44 F.3d 681, 688 (8th Cir.), cert. denied, — U.S. -, 116 S.Ct. 246, 133 L.Ed.2d 172 (1995); Foster, 39 F.3d at 882-83. Each case concerned particularly brutal and heinous crimes such that the omission of life sentence cases did not render the proportionality reviews arbitrary. See Six, 94 F.3d at 472-73, 478 (describing crime and ruling that defendant was not arbitrarily denied proportionality review before discussing limits of federal court review of state’s proceedings); Williams, 82 F.3d at 785 (noting in dicta that prisoner failed to show how omitted cases would affect outcome of proportionality review); cf. Williams I, 912 F.2d 924, 927 (8th Cir.1990) (describing crime); LaRette, 44 F.3d at 684; Foster, 39 F.3d at 876-77. Although this court denied relief in each case, these rulings have never placed the State’s proportionality review completely outside fourteenth amendment protection.
The majority seems to overlook the arbitrariness step in its analysis, but focuses instead on often-quoted language that “[w]e cannot look behind. the Missouri Supreme Court’s conclusion or consider whether that court misinterpreted the Missouri statute requiring proportionality reviews.” Williams, 82 F.3d at 785 (citing LaRette, 44 F.3d at 688), quoted in Op. at 627; see also Six, 94 F.3d at 478. We must place this language in proper context. In Walton v. Arizona, 497 U.S. 639, 110 S.Ct. 3047, 111 L.Ed.2d 511 *630(1990), the'Supreme Court noted that “the Arizona Supreme Court plainly undertook its proportionality review in good faith and found that Walton’s sentence was proportional to the sentence imposed in cases similar to his. The Constitution does not require us to look behind that conclusion.” Id. at 656, 110 S.Ct. at 3058 (emphasis added). LaRette and subsequent cases quote Walton without noting that the Supreme Court determined that the state court acted in good faith before discussing the limitations of constitutional scrutiny. See LaRette, 44 F.3d at 688; see also Six, 94 F.3d at 478; Williams, 82 F.3d at 78’4. A careful reading of these cases reveals, however, that before reiterating the mantra incompletely carved from Walton, this court found that each defendant “was not arbitrarily denied his state-provided right to proportionality review.” Six, 94 F.3d at 478 (emphasis added); see also Williams, 82 F.3d at 785. Significantly, Six cited Eighth Circuit precedent recognizing that a state’s proportionality review remains subject to the fourteenth amendment’s protections. See Six, 94 F.3d at 478 (citing Foster, 39 F.3d at 882).
Thus, we have never abandoned the notion that the fourteenth amendment requires the Missouri Supreme Court to conduct its proportionality review in good faith. Before mechanically refusing to “look behind” the Missouri Supreme Court’s conclusion, we must first ensure that Bannister was not arbitrarily denied his state-provided right to proportionality review.
III. Cases Omitted from Missouri Supreme Court’s Data Base Demonstrate Disproportionality of Death Penalty.
According to the Missouri Supreme Court, “The issue in proportionality review is ‘not whether any similar ease can be found in which the jury imposed a life sentence, but rather, whether the death sentence is excessive or disproportionate in light of similar cases as a whole.’” State v. Parker, 886 S.W.2d 908, 934 (Mo.1994)(en banc) (quoting State v. Shurn, 866 S.W.2d 447, 468 (Mo.1993) (emphasis added), cert. denied, — U.S. -, 115 S.Ct. 1827, 131 L.Ed.2d 748 (1995)). State law requires a comparison of Bannister’s penalty to those “imposed in similar cases considering the crime, the defendant, and the strength of the evidence.” State v. Bannister, 680 S.W.2d 141, 149 (Mo.1984) (en banc); see Mo.Rev.Stat. § 565.035.3(3).
The omission of life sentence cases from the Missouri Supreme Court’s data bank prevented the court from considering similar cases as a whole. The state supreme court used four capital punishment cases in its proportionality review of Bannister’s sentence, all of which offer only superficial similarities to Bannister’s case.20 See State v. *631Bannister, 680 S.W.2d at 149 (citing State v. Gilmore, 661 S.W.2d 519 (Mo.1983); State v. McDonald, 661 S.W.2d 497 (Mo.1988); State v. Stokes, 638 S.W.2d 715 (Mo.1982); State v. Blair, 638 S.W.2d 739 (Mo.1982)). Most significantly, only one of the four cases concerned a contract killing. See Blair, 638 S.W.2d at 743-46.
The Missouri Supreme Court’s data base omitted at least four life imprisonment cases strikingly similar to Bannister’s. See State v. White, 621 S.W.2d 287 (Mo.1981); State v. Chandler, 605 S.W.2d 100 (Mo.1980); State v. Garrett, 595 S.W.2d 422 (Mo.App.1980); State v. Flowers, 592 S.W.2d 167 (Mo.1979). First, these cases are more similar to Bannister’s than the four used by the state supreme court because these omitted cases concern contract killings. See White, 621 S.W.2d at 289; Chandler, 605 S.W.2d at 105; Garrett, 595 S.W.2d at 426; Flowers, 592 S.W.2d at 168. The state supreme court’s failure to consider these similar cases negates any claim that it considered similar cases “as a whole.” Second, comparison' of Bannister’s case to the omitted cases reveals the apparent disproportionality of Bannister’s death sentence.21
Furthermore, when considering all eight cases as a whole, the disproportionality of Bannister’s death sentence becomes more troubling. Thus, if the data base had included these life imprisonment cases, the state supreme court should have recognized the disproportionality of Bannister’s sentence. Omission of these cases from the data base rendered the State’s proportionality review an arbitrary exercise and a denial of Bannister’s rights.
IV. Conclusion
The eyes of the world are fixed on this case. The briefs of amici curiae filed by The Lyon (France) Bar Association Commission for the Defense of Human Rights, Maastricht Centre for Human Rights and the International Centre for Criminal Law and Human Rights, as well as Steven Trombley’s documentary file about Bannister attest to the international and national attention to this case. Consequently, this case will serve as a window through which others will judge the merits of the judicial system in the State of Missouri and federal civil review by petition for writ of habeas corpus.
Several of Bannister’s allegations go to the heart of our perceptions of fundamental fairness in the criminal justice system; the right to be free from governmental interrogation after receiving appointed counsel, Michigan v. Jackson, 475 U.S. 625, 106 S.Ct. 1404, 89 L.Ed.2d 631 (1986); the right to a competent attorney during trial, Strickland v. Washing*632ton, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158 (1932); and the right to a competent attorney during sentencing, Mempa v. Rhay, 389 U.S. 128, 88 S.Ct. 254, 19 L.Ed.2d 336 (1967); Townsend v. Burke, 334 U.S. 736, 68 S.Ct. 1252, 92 L.Ed. 1690 (1948). As discussed in the majority’s opinion, procedural barriers prevent this court from addressing several of Bannister’s claims. These roadblocks, I emphasize, are procedural and in no way reflect on the merits of Bannister’s claims. If these issues remain unaddressed, Missouri may execute a man without offering him a fair trial or competent legal representation. Because this court cannot address those issues on their merits, we must rely on other authorities— either the United States Supreme Court or, if not, the Governor of Missouri — to review the record and address Bannister’s contentions.
Notwithstanding bars to federal review by this court of certain claims by Bannister mentioned in the preceding paragraph, I believe this federal court should declare that any execution must await a fair proportionality of sentence review by Missouri courts. Accordingly, I would remand this case to the district court to grant appropriate relief, unless and until within a reasonable time Bannister is afforded a proportionality review of his sentence by the Missouri Supreme Court using a full data base.
. In each of the four cases used by the Missouri Supreme Court, State v. Bannister, 680 S.W.2d 141, 149 (Mo.1984), the defendant committed other crimes during the course of the murder. See State v. Gilmore, 661 S.W.2d 519, 520-22 (Mo.1983), (burglary, vandalism and robbery); State v. McDonald, 661 S.W.2d 497, 500 (Mo. 1983)(armed robbery); State v. Stokes, 638 S.W.2d 715, 717 (Mo.1982) (armed robbery, auto theft and possibly rape); State v. Blair, 638 S.W.2d 739, 743-44, 759 (Mo.1982) (theft, burglary, armed robbery, and kidnapping).
In addition, the defendants in the other cases committed several deadly acts to ensure the death of their victims while increasing their suffering. See Gilmore, 661 S.W.2d at 522 (shot victim twice to ensure death); McDonald, 661 S.W.2d at 500-01 (shot wounded victim again to ensure death); Stokes, 638 S.W.2d at 724 (beat victim, repeatedly stabbed her, used apron to strangle, and strangled her manually causing death); Blair, 638 S.W.2d at 744 (bludgeoned victim with brick and shot her three times).
. Finally, Bannister's crime differed from these cases based on the victims’ characteristics. See Gilmore, 661 S.W.2d at 521-22, 525 (killing 83-year-old woman to prevent her from making identification); McDonald, 661 S.W.2d at 507 (killing police officer); Blair, 638 S.W.2d at 759-60 (noting that crime represented "not just a contract killing, but ... killfing] the victim of and sole witness to another crime (rape) to prevent her from testifying. Such a murder strikes at the heart of the administration of justice.... It is difficult to conceive of a crime more inimical to our society....”).
Furthermore, the defendants in the cases used in the proportionality review demonstrated more callousness and brutality during the commission of their crimes than Bannister. See Gilmore, 661 S.W.2d at 522 (noting victim suffered and pleaded for mercy, defendant’s decision to prey on elderly, defendant’s constant mockery of victim's last words, and defendant’s bragging about murder to relatives, "seemingly deriving an almost sensual joy from telling of the crime”); Stokes, *631638 S.W.2d at 724 (describing injuries consistent with prolonged struggle by victim); McDonald, 661 S.W.2d at 500 (noting defendant's attack in front of victim’s daughter); Blair, 638 S.W.2d at 758-59 (noting defendant took part in terror campaign against victim, ignored victim’s pleas for mercy and demonstrated jto remorse). In addition, two of the other defendants committed previous homicides. See Gilmore, 661 S.W.2d at 523 (noting defendant’s confession to another dual murder); Stokes, 638 S.W.2d at 724 (noting prior homicide convictions).
Finally, the evidence against the other defendants carried more constitutional reliability. The evidence in the -four capital punishment cases included witnesses, recorded confessions following signed Miranda warnings, and corroborating physical evidence. See Gilmore, 661 S.W.2d at 522; McDonald, 661 S.W.2d at 500; Stokes, 638 S.W.2d at 718-19; Blair, 638 S.W.2d at 744-46.
. In State v. White, 621 S.W.2d 287 (Mo.1981), a man hired the defendant to kill the man's wife. After attempting to kill the woman by shooting her in the neck and beating her, the defendant "entered [her] house, went to [her] bedroom, bound and sexually ravished her and then killed her by cutting her throat from ear to ear and the back of her neck, nearly severing her head from her body.” Id. at 289-90. Evidence included the murder weapon recovered from the defendant, physical evidence from the crime scene, co-conspirators' testimony, and the victim's description of the defendant given to the police after the first attempt on her life. Id. at 291, 293-95.
In State v. Chandler, 605 S.W.2d 100 (Mo.1980), the defendant stalked the victim for several days eventually confronting the victim in his office and robbing him. The defendant's videotaped confession and testimony before the grand juiy detailed the victim’s pleas for mercy and the defendant’s callousness and brutality. See id. at 101, 106-07 &n. 1.
In State v. Garrett, 595 S.W.2d 422, 425-26 (Mo.App.1980), and State v. Flowers, 592 S.W.2d 167, 168 (Mo.1979), the defendants attacked and struggled with the victim in his home, dragged him to the road, handcuffed him and shot him in the head three times. Evidence included recorded and videotaped confessions.