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FOSTER v. DELO

No. 92-3557.

39 F.3d 873 (1994)

Emmitt FOSTER, Appellant, v. Paul DELO, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 7, 1994.

Attorney(s) appearing for the Case

Gino F. Battisti, St. Louis, MO (Robert T. Haar, on the brief), for appellant.

Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, MO, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BRIGHT, Senior Circuit Judge, McMILLIAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges, En Banc.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Emmitt Foster was sentenced to death for the murder of Travis Walker. After his appeal failed, he filed a motion for post-conviction relief under former Missouri Rule 27.26. Mo.R.Crim.P. 27.26 (repealed and replaced with Mo.R.Crim.P. 29.15 in 1987). The Circuit Court of St. Louis County denied the motion, and the Missouri Court of Appeals affirmed the denial. Foster v. State, 748 S.W.2d 903...

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