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HULSEY v. SARGENT

No. 93-2318.

15 F.3d 115 (1994)

Dewayne HULSEY, Appellee, v. Willis SARGENT, Appellant. The States of Missouri and Nebraska, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided January 31, 1994.

Rehearing and Suggestion for Rehearing Denied March 22, 1994.

Attorney(s) appearing for the Case

Olan W. Reeves, Asst. Atty. Gen., Little Rock, AR, argued, for appellant.

Everett C. Johnson, Washington, DC, argued (Thomas D. Sydnor II, on the brief), for appellee.

Before BOWMAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied March 22, 1994.

BRIGHT, Senior Circuit Judge.

This is a death penalty case. Convicted defendant Dewayne Hulsey sought a writ of habeas corpus following his Arkansas state conviction for capital murder. On his third amended petition, the district court granted the writ. The State of Arkansas appeals. We dismiss for lack of jurisdiction.

I. FACTS

A jury convicted Hulsey on one count of capital...

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