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FOSTER v. LOCKHART

Nos. 92-3702, 93-3884.

9 F.3d 722 (1993)

David A. FOSTER, Appellee, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellant. David A. FOSTER, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 19, 1993.

Attorney(s) appearing for the Case

Darnisa Evans Johnson, Little Rock, AR, argued, for appellant.

Craig Lambert, Little Rock, AR, argued, for appellee.

Before FAGG, BOWMAN, and LOKEN, Circuit Judges.

FAGG, Circuit Judge.

A.L. Lockhart, director of the Arkansas Department of Correction, appeals the district court's order granting the habeas petition of David A. Foster, a man convicted of rape in Arkansas state court. Lockhart also appeals the district court's order releasing Foster on bail. We affirm.

Although we prefer not to repeat the graphic testimony at Foster's trial and evidentiary hearing, the explicit details of the rape victim's story and Foster...

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