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LANGSTON v. WYRICK

No. 82-1620.

698 F.2d 926 (1982)

Earnest Lee LANGSTON, Appellant, v. Donald WYRICK, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 22, 1982.

Rehearing Denied January 18, 1983.

Attorney(s) appearing for the Case

Alene V. Haskell, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Mo., for appellant.

John Ashcroft, Atty. Gen., Kelly Klopfenstein, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before BRIGHT and ARNOLD, Circuit Judges, and HUNTER, Senior District Judge.

BRIGHT, Circuit Judge.

Earnest Lee Langston was convicted in the Missouri state courts of robbery with a dangerous and deadly weapon, and assault with intent to kill with malice. The state trial judge sentenced Langston to concurrent sentences of fifty years on the robbery charge and life imprisonment on the assault charge. Following an unsuccessful appeal and denial of postconviction remedies in state courts, Langston filed a petition for a

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