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HARRINGTON v. STATE OF IOWA

No. 96-1232.

109 F.3d 1275 (1997)

Mark Andrew HARRINGTON, Appellee, v. STATE OF IOWA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 26, 1997.

Rehearing and Suggestion for Rehearing Denied April 25, 1997.

Attorney(s) appearing for the Case

Thomas D.McGrane, Assistant Attorney General, Des Moines, IA, argued (Thomas J. Miller, on the brief), for appellant.

Michael P. Jacobs, Sioux City, IA, argued, for appellee.

Before WOLLMAN, FLOYD R. GIBSON, and BEAM, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied April 25, 1997.

WOLLMAN, Circuit Judge.

The State of Iowa appeals from the district court's grant of Mark Andrew Harrington's petition for habeas corpus relief under 28 U.S.C. § 2254. We reverse.

I.

In the early morning hours of February 20, 1982, Larry Johnson was stabbed to death outside a residence at 205 Rebecca Street in Sioux City. Mark Kemp was stabbed inside the residence...

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