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LaRETTE v. BOWERSOX

No. 95-3935.

70 F.3d 986 (1995)

Anthony J. LaRETTE, Petitioner-Appellee, v. Michael BOWERSOX, Superintendent, Potosi Correctional Center, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 28, 1995.

Attorney(s) appearing for the Case

Stephen Hawke, Jefferson City, MO, for appellant.

Lee Lawless, St. Louis, MO, for appellee.

Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

PER CURIAM.

Anthony J. LaRette was convicted of capital murder in a Missouri state court and sentenced to death for killing Mary Fleming on July 25, 1980. After we affirmed the district court's denial of LaRette's fourth amended petition for a writ of habeas corpus, LaRette v. Delo, 44 F.3d 681 (8th Cir.), cert. denied, ___ U.S. ___, 116 S.Ct. 246, 133 L.Ed.2d 172 (1995), the State of Missouri scheduled his execution for 12:01 a.m. on November 29, 1995...

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