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BYRD v. DELO

No. 90-1491.

942 F.2d 1226 (1991)

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 August 14, 1991.

Rehearing Denied August 21, 1991.

Concurring opinion August 21, 1991, as amended August 23, 1991.

Attorney(s) appearing for the Case

Burton H. Shostak, argued (Deborah J. Kerns and Theodore A. Zimmermann, on brief), St. Louis, Mo., for appellant.

Stephen D. Hawke, Jefferson City, Mo., for appellee.

Before McMILLIAN, ARNOLD and BOWMAN, Circuit Judges.

ARNOLD, Circuit Judge.

In this death-penalty case from Missouri, we have before us what is in effect a third petition for habeas corpus. Petitioner, Maurice Oscar Byrd, claims that a legal development occurring after the dismissal of his second petition opens up some of his federal constitutional claims for review on the merits. The legal development in question is an order of the Supreme Court of Missouri, denying, without comment, Byrd's original petition for habeas...

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