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BYRD v. DELO

No. 90-1491.

917 F.2d 1037 (1990)

Maurice Oscar BYRD, Appellant, v. Paul DELO, Superintendent, State Correctional Facility at Potosi, and Attorney General of the State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 19, 1990.

Rehearing Granted October 26, 1990.

Attorney(s) appearing for the Case

Burton H. Shostak, D.J. Kerns, Theodore A. Zimmermann, St. Louis, Mo., for appellant.

Stephen Hawke, Jefferson City, Mo., for appellees.

Before McMILLIAN, ARNOLD and BOWMAN, Circuit Judges.

McMILLIAN, Circuit Judge.

Maurice Oscar Byrd, a Missouri death-row inmate, appeals an order of the United States District Court1 for the Eastern District of Missouri denying his second petition for a writ of habeas corpus under 28 U.S.C. § 2254. Byrd v. Delo, 733 F.Supp. 1334 (E.D.Mo.1990). In the alternative, Byrd requests that his stay of execution be continued. For the reasons discussed...

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