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WEEKLEY v. JONES

No. 94-2064.

76 F.3d 1459 (1996)

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

United States Court of Appeals, Eighth Circuit.

Decided February 23, 1996.

Rehearing and Suggestion for Rehearing Denied April 24, 1996.

Attorney(s) appearing for the Case

Stacy Louise Anderson, Asst. Attorney General, Jefferson City, Missouri, argued, for appellant.

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

Before RICHARD S. ARNOLD, Chief Judge, and HENLEY, McMILLIAN, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 24, 1996.*

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This protracted litigation grew out of tragic events that occurred more than seventeen years ago when Jimmie L. Weekley evidently killed his wife with a shotgun and then turned the weapon on himself in an unsuccessful attempt to commit suicide. A jury convicted him of second-degree murder in 1980, a judge (the jury being...

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