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SMITH v. ARMONTROUT

Nos. 88-2359, 88-2702.

865 F.2d 1515 (1988)

Gerald SMITH, Appellant, v. William ARMONTROUT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 19, 1988.

On Motions for Recall of Mandate January 12, 1989.

Attorney(s) appearing for the Case

C. John Pleban, St. Louis, Mo., for appellant.

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

ORDER

ARNOLD, Circuit Judge, joined by JOHN R. GIBSON, Circuit Judge.

On December 8, 1988, this Court, sitting en banc, held that Gerald Smith is competent to waive his right to seek habeas corpus relief against his two convictions for capital murder. As a consequence of this holding, the next friends who were attempting to prosecute appeals were deprived of any standing, the appeals were dismissed, and stays of...

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