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CLEMMONS v. DELO

No. 96-1086.

100 F.3d 1394 (1996)

Eric CLEMMONS, Appellant, v. Paul DELO, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 22, 1996.

Attorney(s) appearing for the Case

George S. Miller, Kansas City, MO, argued, for appellant.

Frank A. Jung, Jefferson City, MO, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, Circuit Judge, and KORNMANN, District Judge.

RICHARD S. ARNOLD, Chief Judge.

Eric Clemmons, the petitioner, has been sentenced to death for killing a fellow inmate at the Missouri State Penitentiary. Exculpatory evidence was apparently withheld from Clemmons by the State prior to his trial. In addition, evidence that was important to the State's case came in by deposition, raising serious issues under the Confrontation Clause. The District Court1 held, however, that both these claims...

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