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MERCER v. ARMONTROUT

No. 88-2547.

864 F.2d 1429 (1988)

George MERCER, Petitioner, v. William ARMONTROUT, Warden, Missouri State Penitentiary, Respondent.

United States Court of Appeals, Eighth Circuit.

December 30, 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.

LAY, Chief Judge.

George Mercer was convicted of capital murder in the state courts of Missouri and sentenced to death. The conviction and sentence were subsequently affirmed by the Supreme Court of Missouri, 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), and Mercer was later denied relief in state post-conviction proceedings. Mercer v. State,

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