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WAINWRIGHT v. LOCKHART

Nos. 94-3525EA, 94-3528EA.

80 F.3d 1226 (1996)

Kirt Douglas WAINWRIGHT, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellee. Kirt Douglas WAINWRIGHT, Appellee, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 8, 1996.

Attorney(s) appearing for the Case

Walter C. Lambert, Little Rock, AR, argued, for appellant.

Kelly K. Hill and Olan W. Reeves, Little Rock, AR, argued, for appellee.

Before FAGG and MAGILL, Circuit Judges, HENLEY, Senior Circuit Judge.

FAGG, Circuit Judge.

Kirt Douglas Wainwright, an Arkansas death row inmate, appeals the district court's partial denial of his habeas petition. We affirm. The State of Arkansas cross-appeals the partial grant of habeas relief. We reverse.

Wainwright was convicted of killing Barbara Smith, an attendant at the Best Stop convenience store in Prescott, Arkansas. Ms. Smith was shot during a robbery on July 29, 1988. Although no one saw the murder, witnesses saw...

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