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FRETWELL v. NORRIS

No. 96-2806.

133 F.3d 621 (1998)

Bobby Ray FRETWELL, Petitioner-Appellee, v. Larry NORRIS, Director, Arkansas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 7, 1998.

Rehearing and Suggestion for Rehearing Denied March 5, 1998.

Attorney(s) appearing for the Case

Darnisa Evans Johnson, AAG, Little Rock, AR, argued, for Respondent-Appellant.

Deborah R. Sallings, Roland, AR, argued, for Petitioner-Appellee.

Before FAGG, WOLLMAN, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 5, 1998.*

LOKEN, Circuit Judge.

The State of Arkansas appeals the grant of federal habeas relief setting aside Bobby Ray Fretwell's death sentence. The State raises a single issue, whether the district court erred in concluding that Fretwell's trial counsel provided ineffective assistance at the penalty phase by not investigating and presenting testimony by Fretwell's...

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