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SMULLS v. STATE

No. SC 83179.

71 S.W.3d 138 (2002)

Herbert SMULLS, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied April 23, 2002.

Attorney(s) appearing for the Case

William J. Swift, Asst. Public Defender, Columbia, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Mr. Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for Respondent.

Robert Popper, Burnele V. Powell, Kansas City, MO, Christine B. Hickman, San Diego, CA, for Amicus Curiae.

LIMBAUGH, Chief Justice.

Herbert Smulls was convicted in the Circuit Court of St. Louis County of first-degree murder and other crimes and was sentenced to death. On appeal, his convictions and sentence were affirmed, but the judgment on his Rule 29.15 post-conviction motion was reversed. State v. Smulls, 935 S.W.2d 9 (Mo. banc 1996), cert. denied, 520 U.S. 1254, 117 S.Ct. 2415, 138 L.Ed.2d 180 (1997). On remand, his...

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