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HADLEY v. GROOSE

Nos. 95-2392, 95-2515.

97 F.3d 1131 (1996)

Russell Bryan HADLEY, Petitioner/Appellee, v. Michael GROOSE; Paul Caspari; James Purkett, Superintendent of the Farmington Correctional Center; Jeremiah (Jay) W. Nixon, Attorney General, Respondents/Appellants. Russell Bryan HADLEY, Petitioner/Appellant, v. Michael GROOSE; Paul Caspari; James Purkett, Superintendent of the Farmington Correctional Center; Jeremiah (Jay) W. Nixon, Attorney General, Respondents/Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 11, 1996.

Rehearing and Suggestion for Rehearing Denied November 26, 1996.

Attorney(s) appearing for the Case

Michael J. Spillane, argued, Jefferson City, MO (Jeremiah W. (Jay) Nixon, on the brief), for Respondents/Appellants.

Burton Newman, argued, Clayton, MO, for Petitioner/Appellee.

Before BOWMAN, HEANEY, and WOLLMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 26, 1996.

WOLLMAN, Circuit Judge.

The State of Missouri appeals the district court's1 order granting Russell Hadley's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm.

I.

In the early morning hours of December 11, 1985, Hazel Smith, an elderly resident of a trailer park in Webb City, Missouri, awoke to find a man with...

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