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WALKER v. LOCKHART

No. 81-1700 (Habeas).

763 F.2d 942 (1985)

James Dean WALKER, Appellant, v. A.L. LOCKHART, Superintendent of the Arkansas Department of Corrections, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 17, 1985.

Mandate Extended June 10, 1985.

Attorney(s) appearing for the Case

Bill Bristow, Jonesboro, Ark., for appellant.

Theodore Holder, Asst. Atty. Gen., Little Rock, Ark., for appellee.

Before LAY, Chief Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, and BOWMAN, Circuit Judges, En Banc.

BRIGHT, Circuit Judge.

In January 1984, this court, in a five to four decision, affirmed the district court's1 denial of James Dean Walker's second petition for a writ of habeas corpus. Walker v. Lockhart, 726 F.2d 1238 (8th Cir.) (en banc), petition for cert. dismissed by stipulation, 468 U.S. 1222, 105 S.Ct. 17, 82 L.Ed.2d 912 (1984). Thereafter, new evidence surfaced relating to the crime...

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