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WOODARD v. SARGENT

No. 83-2168.

753 F.2d 694 (1985)

Billy Junior WOODARD, Appellant, v. Willis SARGENT, Warden, Cummins Unit, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 31, 1985.

Attorney(s) appearing for the Case

Latham, Watkins & Hills, Reed E. Hundt, Everett C. Johnson, Jr., Washington, D.C., Lessenberry & Carpenter, Thomas M. Carpenter, Little Rock, Ark., for appellant, Billy Junior Woodard.

Steve Clark, Atty. Gen. by Victra L. Fewell, Asst. Atty. Gen., Little Rock, Ark., for appellee.

Before McMILLIAN, BENNETT and ARNOLD, Circuit Judges.

ARNOLD, Circuit Judge.

The appellant, Billy Woodard, has been tried by jury, found guilty of capital felony murder, and sentenced to death. See 261 Ark. 895, 553 S.W.2d 259. Woodard was tried by a so-called "death-qualified jury," from which all persons who refused to consider the death penalty had been excluded. In Grigsby v. Mabry, 758 F.2d 226 (8th Cir.1985) (en banc), we held that such...

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