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HOPKINSON v. SHILLINGER

No. 86-2571.

888 F.2d 1286 (1989)

Mark A. HOPKINSON, Petitioner-Appellant, v. Duane SHILLINGER, and the Attorney General of the State of Wyoming, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 1, 1989.

Attorney(s) appearing for the Case

Daniel J. Sears, Denver, Colo. (Leonard D. Munker, Public Defender, and Norm Newlon, Asst. Public Defender, State of Wyo., Cheyenne, Wyo., with him on the briefs), for petitioner-appellant.

Terry L. Armitage, Asst. Atty. Gen. (Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., with him on the briefs), State of Wyo., Cheyenne, Wyo., for respondents-appellees.

Before HOLLOWAY, Chief Judge, and McKAY, LOGAN, SEYMOUR, MOORE, ANDERSON, TACHA, BALDOCK, BRORBY and EBEL, Circuit Judges.

ON REHEARING EN BANC

STEPHEN H. ANDERSON, Circuit Judge.

Mark A. Hopkinson was convicted in Wyoming State Court on four counts of first degree murder and two counts of conspiracy to commit first degree murder. The first three counts of murder arose out of his hiring Michael Hickey to bomb Vincent Vehar's home. That bombing killed Vehar, Vehar's wife, and one of his sons; another son was injured in the blast but survived. The fourth murder count was for procuring...

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