JENNINGS v. PURKETT

No. 92-3192.

7 F.3d 779 (1993)

Robert Allen JENNINGS, Appellant, v. James PURKETT, Superintendent, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 19, 1993.


Attorney(s) appearing for the Case

Ted F. Frapoli, St. Louis, MO, for appellant.

John W. Simon, Asst. Atty. Gen., Jefferson City, MO, for appellee.

Before BOWMAN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and KYLE, District Judge.


BOWMAN, Circuit Judge.

Robert Allen Jennings appeals the District Court's denial of his petition for a writ of habeas corpus. We vacate the judgment of the District Court and remand for further proceedings.

I.

In January 1989, Jennings was convicted in a Missouri state court, on a plea of guilty, of raping Charlotte Ann Smith. He did not attack his conviction within the ninety days allowed by Missouri Supreme Court Rule 24.035. In November 1991,...

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