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HEFFERNAN v. LOCKHART

No. 86-2286.

834 F.2d 1431 (1987)

Robert Richard HEFFERNAN, Appellant, v. A.L. LOCKHART, Director, Arkansas Dept. of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1987.

Attorney(s) appearing for the Case

William L. Howard, Jonesboro, Ark., for appellant.

William F. Knight, Asst. Atty. Gen., Little Rock, Ark., for appellee.

Before LAY and HEANEY, Circuit Judges, and ROSENN, Senior Circuit Judge.

HEANEY, Circuit Judge.

Robert Heffernan appeals the district court's dismissal of his petition for a writ of habeas corpus. We remand the matter to the district court.

I. BACKGROUND

On April 29, 1981, an Arkansas state jury found Heffernan guilty of capital felony murder and fixed his sentence at life without parole. A co-defendant, Michael Breault, was charged with the same offense but was tried...

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