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HULSEY v. SARGENT

Nos. 85-1796, 85-1797.

821 F.2d 469 (1987)

Dewayne HULSEY, Appellee, v. Willis SARGENT, Superintendent, Cummins Unit, Arkansas Department of Correction, Appellant. Dewayne HULSEY, Appellant, v. Willis SARGENT, Superintendent, Cummins Unit, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 12, 1987.

Attorney(s) appearing for the Case

Everett C. Johnson, Washington, D.C., for appellant.

Jack Gillean, Little Rock, Ark., for appellee.

Before LAY, Chief Judge, JOHN R. GIBSON, Circuit Judge, and HANSON, District Judge.

LAY, Chief Judge.

In 1975 Dewayne Hulsey was convicted in the Arkansas state courts of felony murder and was sentenced to death. Hulsey v. State, 261 Ark. 449, 549 S.W.2d 73 (1977) (en banc). The federal district court1 in 1981 vacated Hulsey's sentence on the basis of Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968), and Adams...

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