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HOWARD v. CASPARI

No. 95-3976.

99 F.3d 895 (1996)

Dale HOWARD, Appellant, v. Paul CASPARI, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 4, 1996.

Attorney(s) appearing for the Case

Joseph P. Whyte, Fulton, MO, argued, for appellant.

Stacy L. Anderson, Jefferson City, MO, argued, for appellee.

Before WOLLMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

WOLLMAN, Circuit Judge.

Dale Howard appeals from the district court's1 denial of his 28 U.S.C. § 2254 petition. We affirm.

I.

On January 14, 1984, Howard entered the home of the victim and his wife, an elderly couple, intending to take money from them. When the victim was uncooperative, Howard assaulted him. A police officer found the victim lying semi-conscious on the floor. The victim's wife's face was cut and...

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