FLOWERS v. WYRICK

No. 83-1688.

732 F.2d 659 (1984)

James FLOWERS, Appellant, v. Donald WYRICK and John Ashcroft, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 25, 1984.


Attorney(s) appearing for the Case

Lewis, Rice, Tucker, Allen & Chubb, Thomas M. Newmark, Ira M. Berkowitz, St. Louis, Mo., for appellant.

John Ashcroft, Atty. Gen., George Cox, Asst. Atty. Gen., Jefferson City, Mo., for appellees.

Before HEANEY and McMILLIAN, Circuit Judges, and COLLINSON, Senior District Judge.


HEANEY, Circuit Judge.

James Flowers pled guilty to a charge of felonious assault with malice aforethought in violation of Mo.Rev.Stat. § 559.180 (1969). He was sentenced by a Missouri state court judge to a term of twenty years. Thereafter, he sought to have the conviction and sentence set aside. These motions were denied by the Missouri trial court and no appeal was taken. Two years later he filed a second state post-conviction motion, alleging, among other...

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