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NEWLON v. ARMONTROUT

No. 88-2385.

885 F.2d 1328 (1989)

Rayfield NEWLON, Appellee, v. William ARMONTROUT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 18, 1989.

Rehearing Denied November 15, 1989.

Attorney(s) appearing for the Case

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

Richard H. Sindel, Clayton, Mo., for appellee.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

MAGILL, Circuit Judge.

The State of Missouri appeals from the district court's1 order granting Rayfield Newlon's 28 U.S.C. § 2254 petition for writ of habeas corpus, vacating Newlon's death sentence, and ordering the State to either resentence Newlon to life imprisonment without parole for fifty years or grant him a new penalty phase trial. See Newlon v. Armontrout, 693 F.Supp. 799 (W.D...

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