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WEEKLEY v. JONES

No. 94-2064.

56 F.3d 889 (1995)

Jimmie L. WEEKLEY, Appellee, v. Jimmie JONES, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1995.

Attorney(s) appearing for the Case

Stacy Louise Anderson, Asst. Atty. Gen., Jefferson City, MO, argued, for appellant.

Michael Herman Maguire, Cape Girardeau, MO, argued, for appellee.

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

HENLEY, Senior Circuit Judge.

Following our remand in Weekley v. Jones, 927 F.2d 382 (8th Cir.1991), the district court entered a judgment granting Jimmie L. Weekley's petition for a writ of habeas corpus under 28 U.S.C. § 2254. The State of Missouri now appeals. We reverse in part and affirm in part.

BACKGROUND

In March 1980, a jury convicted Weekley of second degree murder of his wife, but could not...

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