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McDANIEL v. NORRIS

No. 93-2884.

38 F.3d 385 (1994)

Ray Eugene McDANIEL, Appellee, v. Larry NORRIS, Acting Director, Arkansas Department of Corrections, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 25, 1994.

Rehearing and Suggestion for Rehearing Denied January 5, 1995.

Attorney(s) appearing for the Case

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

Roger B. Harrod, Little Rock, AR, argued, for appellee.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied January 5, 1995.*

BOWMAN, Circuit Judge.

The District Court granted Ray Eugene McDaniel a writ of habeas corpus, and the state of Arkansas appeals. We reverse.

I.

In 1986, McDaniel climbed through the drive-through window of a Wendy's restaurant after the main dining area had closed. He grabbed a non-employee who was...

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