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BALLY v. KEMNA

No. 95-1465.

65 F.3d 104 (1995)

James E. BALLY, Appellee, v. Mike KEMNA, Superintendent, Western Missouri Correctional Center; Attorney General of the State of Missouri, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 7, 1995.

Attorney(s) appearing for the Case

Stephen D. Hawke, Jefferson City, MO, argued, for appellant.

Thomas J. Cox, Kansas City, MO, argued, for appellee.

Before BOWMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

HENLEY, Senior Circuit Judge.

The State of Missouri appeals from a judgment of the district court granting James E. Bally's petition for a writ of habeas corpus under 28 U.S.C. § 2254. We reverse.

The parties do not dispute the following:

Bally was intoxicated on November 28, 1991 ... when he drove his car past a stop sign without stopping. His car crashed into the side of another car in which Robert Thomason, Thomason's wife, and their one-year...

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