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FOSTER v. DELO

No. 92-3557.

11 F.3d 1451 (1993)

Emmitt FOSTER, Appellant, v. Paul DELO, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 15, 1993.

Order Granting Rehearing and Rehearing and Vacating Opinion February 22, 1994.

Attorney(s) appearing for the Case

Gino F. Battisti, St. Louis, MO, argued (Robert T. Haar, on the brief), for appellant.

Stephen D. Hawke, Jefferson City, MO, argued, for appellee.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

Order Granting Rehearing and Rehearing En Banc and Vacating Opinion February 22, 1994.

BRIGHT, Senior Circuit Judge.

Emmitt Foster appeals the denial of his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. He was convicted of capital murder1 in the Circuit Court of St. Louis County, Missouri and sentenced to death. Foster raises numerous allegations of error, which fall into three general categories: (1)

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