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HULSEY v. SARGENT

No. 88-1148.

865 F.2d 954 (1989)

Dewayne HULSEY, Appellee, v. Willis SARGENT, Superintendent, Cummins Unit, Arkansas Department of Correction, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 19, 1989.

As Amended on Denial of Rehearing and Rehearing March 13, 1989.

Attorney(s) appearing for the Case

Jack Gillean, Asst. Atty. Gen., Little Rock, Ark., for appellant.

Everett C. Johnson, Washington, D.C., for appellee.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

As Amended on Denial of Rehearing and Rehearing En Banc March 13, 1989.

LAY, Chief Judge.

In Hulsey v. Sargent, 821 F.2d469 (8th Cir.1987), this court remanded for reconsideration the district court's earlier decision to vacate Hulsey's death sentence, in light of Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985). On remand, the district court held that because

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