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ROBERTS v. BOWERSOX

No. 96-3789.

137 F.3d 1062 (1998)

Roy ROBERTS, Appellant, v. Michael BOWERSOX, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 3, 1998.

Attorney(s) appearing for the Case

Bruce D. Livington, Moscow, ID, argued (Leonard J. Frankel, on the brief), for Appellant.

Stephen D. Hawke, Assistant Attorney General, Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, on the brief), for Appellee.

Before FAGG, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

FAGG, Circuit Judge.

During a Missouri prison riot, inmate Roy Roberts restrained an unarmed guard and fended off would-be rescuers while two other inmates, Robert Driscoll and Rodney Carr, stabbed the guard to death with knives honed from metal rulers. Believing eyewitnesses who testified for the State, a jury rejected Roberts's defense of mistaken identity and convicted him of capital murder. Roberts received the death penalty. See Mo. Rev.Stat. §§...

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