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McCOY v. LOCKHART

No. 91-2856.

969 F.2d 649 (1992)

Robert Earl McCOY, Appellee, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1992.

Attorney(s) appearing for the Case

Jack W. Gillean, Little Rock, Ark., argued, for appellant.

Thomas M. Davis, Little Rock, Ark., argued, for appellee.

Before FAGG, BOWMAN, and WOLLMAN, Circuit Judges.

BOWMAN, Circuit Judge.

A.L. Lockhart, Director of the Arkansas Department of Correction, appeals from the judgment of the District Court1 granting Robert Earl McCoy's petition for habeas corpus relief. We remand the case to the District Court.

McCoy was convicted of rape in the Circuit Court of Pulaski County, Arkansas on November 24, 1986. The court, in a bench trial, credited the victim...

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