ZEITVOGEL v. DELO

No. 94-2976WM.

78 F.3d 335 (1996)

Richard S. ZEITVOGEL, Appellant, v. Paul DELO, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 28, 1996.


Attorney(s) appearing for the Case

Susan M. Hunt, Kansas City, Missouri, argued (Elena M. Franco, on the brief), for appellant.

Frank A. Jung, Assistant Attorney General, Jefferson City, Missouri, argued for appellee.

Before FAGG, HENLEY, and BOWMAN, Circuit Judges.


FAGG, Circuit Judge.

Richard S. Zeitvogel is on death row in Missouri for murdering Gary Wayne Dew in 1984. Zeitvogel appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 (1988), and we affirm.

Zeitvogel killed Dew while they were cell-mates in the maximum security area of the Missouri State Penitentiary. A prison guard responding to a flashing emergency light over their cell found Dew dead on a mattress...

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