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ELEM v. PURKETT

No. 93-1793.

25 F.3d 679 (1994)

Jimmy ELEM, Appellant, v. James PURKETT, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1994.

Rehearing and Suggestion for Rehearing Denied July 28, 1994.

Attorney(s) appearing for the Case

David E. Woods, O'Fallon, MO, argued, for appellant.

Stephen Hawke, Asst. Atty. Gen., Jefferson City, MO, argued, (Ronald Jurgeson, Asst. Atty. Gen., appeared on the brief), for appellee.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied July 28, 1994.

McMILLIAN, Circuit Judge.

In this habeas action brought pursuant to 28 U.S.C. § 2254, petitioner Jimmy Elem appeals from a final order entered in the United States District Court for the Eastern District of Missouri denying his petition for a writ of habeas corpus. For reversal, petitioner argues that the district court erred in holding: (1) he failed to prove either cause and prejudice...

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