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MERCER v. ARMONTROUT

No. 86-2593.

844 F.2d 582 (1988)

George MERCER, Appellant, v. Bill ARMONTROUT, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 21, 1988.

Rehearing and Rehearing Denied June 13, 1988.

Attorney(s) appearing for the Case

Douglas S. Laird, Kansas City, Mo., for appellant.

John M. Morris, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before LAY, Chief Judge, McMILLIAN and ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 13, 1988.

LAY, Chief Judge.

George Mercer was found guilty of capital murder under Mo.Rev.Stat. § 565.001 (1978)1 and sentenced to death after a five-day jury trial. On appeal the judgment of conviction was affirmed. State v. Mercer, 618 S.W.2d 1 (Mo.), cert. denied, 454 U.S. 933, 102 S.Ct. 432, 70 L.Ed.2d 240 (1981).

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