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McCOY v. LOCKHART

No. 91-2856.

980 F.2d 1162 (1992)

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

United States Court of Appeals, Eighth Circuit.

Decided December 1, 1992.

Rehearing Denied January 28, 1993.

Attorney(s) appearing for the Case

Jack W. Gillean, Little Rock, Ark., argued (Kelly K. Hill, on the brief), for appellant.

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

Before FAGG, BOWMAN, and WOLLMAN, Circuit Judges.

BOWMAN, Circuit Judge.

We have before us the state's appeal of the judgment of the District Court1 granting the petition of Robert Earl McCoy, a state prisoner convicted of rape, for a writ of habeas corpus. After briefing and argument by the parties, we issued an opinion remanding the case for a determination under the "clear and convincing" standard of Sawyer v. Whitley, ___ U.S. ___, 112 S.Ct. 2514, 120 L.Ed.2d 269 (1992), whether...

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