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KENNEDY v. DELO

No. 91-1075.

959 F.2d 112 (1992)

Joseph F. KENNEDY, Appellant, v. Paul K. DELO, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 19, 1992.

Attorney(s) appearing for the Case

Lee Hardee, III, Kansas City, Mo., argued for appellant.

Frank A. Jung, Jefferson City, Mo., argued (William L. Webster, Atty. Gen., on brief), for appellee.

Before BOWMAN, Circuit Judge, ROSS, Senior Circuit Judge, and LOKEN, Circuit Judge.

ROSS, Senior Circuit Judge.

Joseph F. Kennedy appeals the district court's1 denial of his petition for a writ of habeas corpus. Kennedy asserts five grounds in arguing that his constitutional rights to due process and equal protection were violated at trial: (1) that the state trial court failed to instruct the jury on first degree murder as a lesser included offense to capital murder; (2) that the state prosecutor knowingly used false...

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