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McDONALD v. BOWERSOX

No. 95-3863.

101 F.3d 588 (1996)

Samuel Lee McDONALD, Appellant, v. Michael BOWERSOX, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 2, 1996.

Rehearing and Suggestion for Rehearing Denied January 23, 1997.

Attorney(s) appearing for the Case

Richard Sindel, argued, Clayton, MO, for appellant.

Stephen Hawke, Assistant Attorney General, argued, Jefferson City, MO, for appellee.

Before McMILLIAN, MAGILL, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied January 23, 1997.

MAGILL, Circuit Judge.

Samuel Lee McDonald, a death row inmate in Missouri state prison, was convicted and sentenced to death by a jury on February 24, 1982, for the May 16, 1981 shooting of an off-duty police officer. After repeated filings for postconviction relief in Missouri state court, McDonald filed his first federal petition for a writ of habeas corpus in 1989. The district court...

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