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WAINWRIGHT v. NORRIS

No. PB-C-92-211.

872 F.Supp. 574 (1994)

Kirt Douglas WAINWRIGHT, Petitioner, v. Larry NORRIS, Director Arkansas Department of Correction, Respondent.

United States District Court, E.D. Arkansas, Western Division.

September 29, 1994.

Attorney(s) appearing for the Case

John W. Hall, Jr., Walter C. Lambert, John Wesley Hall, Jr., P.C., Little Rock, AR, for petitioner.

Olan W. Reeves, Atty. General's Office, Little Rock, AR, for respondent.

MEMORANDUM OPINION AND ORDER

EISELE, District Judge.

I. BACKGROUND

On July 29, 1988, at approximately 8:15 p.m., Ms. Barbara Smith, an attendant at the Best Stop in Prescott, Arkansas, was fatally shot once in the top of the head. Nobody saw the actual shooting. Mr. Kirt Wainwright was charged with capital murder for the killing of Ms. Smith.

At Mr. Wainwright's trial, Ms. Lavon Jackson testified that she had stopped at the Best...

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