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O'NEAL v. DELO

No. 93-1193.

44 F.3d 655 (1995)

Robert Earl O'NEAL, II, Appellant, v. Paul DELO, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 6, 1995.

Rehearing and Suggestion for Rehearing En Banc Denied March 9, 1995.

Attorney(s) appearing for the Case

Michael J. Gorla, Clayton, MO, argued for appellant (Timothy K. Kellett, on brief).

Ronald L. Jurgeson, Asst. Atty. Gen., Kansas City, MO, argued for appellee.

Before BOWMAN and MAGILL, Circuit Judges, and HENDREN, District Judge.

BOWMAN, Circuit Judge.

Robert Earl O'Neal, II, appeals from the order of the District Court denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus.1 We affirm.

I.

On May 14, 1985, a Missouri jury found O'Neal, who is white, guilty of capital murder in the stabbing death of fellow Missouri State Penitentiary inmate Arthur Dade, a black.2

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