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BATTLE v. ARMONTROUT

No. 89-1462.

902 F.2d 701 (1990)

Thomas Henry BATTLE, Appellant, v. William ARMONTROUT, Warden of Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 9, 1990.

Attorney(s) appearing for the Case

Richard A. Ahrens, St. Louis, Mo., for appellant.

Jared R. Cone, Jefferson City, Mo., for appellee.

Before McMILLIAN, FAGG, Circuit Judges, and STROM, District Judge.

FAGG, Circuit Judge.

Thomas Henry Battle appeals from the denial of his petition for habeas corpus under 28 U.S.C. § 2254 (1988). Battle was convicted of capital murder and sentenced to death. The Missouri Supreme Court affirmed the conviction and sentence on direct appeal. State v. Battle, 661 S.W.2d 487 (Mo.1983) (en banc), cert. denied, 466 U.S. 993, 104 S.Ct. 2375, 80 L.Ed.2d 847 (1984). Battle filed a motion...

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