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GILMORE v. ARMONTROUT

Nos. 88-1378, 88-1517.

861 F.2d 1061 (1988)

George C. GILMORE, Appellee, v. Bill ARMONTROUT, Appellant. George C. GILMORE, Appellant, v. Bill ARMONTROUT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1988.

Attorney(s) appearing for the Case

Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, Mo., for appellant.

Kevin L. Collins, Kansas City, Mo., for appellee.

Before ARNOLD, Circuit Judge, FLOYD R. GIBSON and HENLEY, Senior Circuit Judges.

HENLEY, Senior Circuit Judge.

The State of Missouri appeals and petitioner George C. Gilmore cross-appeals from the district court's order granting Gilmore's 28 U.S.C. § 2254 petition for writ of habeas corpus upon the basis of two of the nine grounds set forth therein, and ordering a new trial in the punishment phase of Gilmore's state capital murder trial, or in the alternative, alleviation of the death sentence imposed. For reasons to be stated, we conclude...

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