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EASTER v. ENDELL

No. 94-1255.

37 F.3d 1343 (1994)

Jerry Lynn EASTER, Appellant, v. Roger ENDELL, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 20, 1994.

Attorney(s) appearing for the Case

Howard B. Eisenberg, Little Rock, AR, argued, for appellant.

Olan Reeves, Sr. Asst. Atty. Gen., Little Rock, AR, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, WOLLMAN and BEAM, Circuit Judges.

WOLLMAN, Circuit Judge.

This is a habeas corpus case. The state of Arkansas argues that petitioner, Jerry Easter, is procedurally barred from having the merits of his petition considered in federal court. The district court agreed. We reverse and remand.

I

In December of 1989, Easter pled guilty in an Arkansas circuit court to burglary, illegal possession of a firearm, and being a habitual offender. Arkansas does not allow persons who plead guilty...

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