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BARRETT v. ACEVEDO

Nos. 96-2699, 96-2702.

143 F.3d 449 (1998)

Bryan Kirby BARRETT, Appellee/Cross-Appellant, v. Gerardo ACEVEDO, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 5, 1998.

Order Granting Rehearing July 28, 1998.

Attorney(s) appearing for the Case

Thomas D. McGrane, Des Moines, IA, argued (Thomas J. Miller, on the brief), for Appellant/Cross-Appellee.

Nicholas Critelli, Des Moines, IA, argued (Lylea D. Critelli, on the brief), for Appellee/Cross-Appellant.

Before McMILLIAN, JOHN R. GIBSON, and BEAM, Circuit Judges.

Order Granting Rehearing En Banc July 28, 1998.

JOHN R. GIBSON, Circuit Judge.

Bryan Kirby Barrett has been twice tried for and convicted of two counts of murder, and the Supreme Court of Iowa has twice heard his appeals. After Barrett's first conviction, the court granted him a new trial. See State v. Barrett, 401 N.W.2d 184, 189 (Iowa 1987). At the second trial, Barrett was again convicted, and this time his conviction...

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