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O'ROURKE v. ENDELL

No. 97-3728.

153 F.3d 560 (1998)

Michael Robert O'ROURKE; Jeff Rosenzweig, as Next Friend of Michael Robert O'Rourke, Appellees, v. Roger ENDELL, Director, Arkansas Department of Correction, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 28, 1998.

Rehearing and Suggestion for Rehearing Denied September 17, 1998.

Attorney(s) appearing for the Case

Darnisa Evans Johnson, Asst. Atty. Gen., Little Rock, AR, argued, for appellant.

Jeff Rosenzweig, Little Rock, AR, argued, for appellee.

Before McMILLIAN, BOWMAN, and MURPHY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 17, 1998.*

BOWMAN, Circuit Judge.

Roger Endell, Director of the Arkansas Department of Correction (the State),2 appeals from the judgment of the District Court granting a writ of habeas corpus under 28 U.S.C. § 2254 to Michael Robert O'Rourke, who is in state custody pursuant to a conviction of capital murder under Arkansas state law...

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