POWELL v. WYRICK

No. 83-2386.

744 F.2d 632 (1984)

Melvin POWELL, Appellee, v. Donald W. WYRICK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 26, 1984.

Rehearing and Rehearing Denied October 24, 1984.


Attorney(s) appearing for the Case

Patrick Lysaught, Kansas City, Mo., for appellee.

John Ashcroft, Atty. Gen., Kelly Mescher, Asst. Atty. Gen., Jefferson City, Mo., for appellant.

Before ROSS, Circuit Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.


Rehearing and Rehearing En Banc Denied October 24, 1984.

HENLEY, Senior Circuit Judge.

Donald W. Wyrick, warden of the Missouri State Penitentiary, appeals from the district court's order granting Melvin Powell's petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 (1976). For the reasons discussed below, we reverse.

I. PROCEDURAL HISTORY

Powell was convicted by a jury in Missouri circuit court of first degree robbery and sentenced...

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