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MALONE v. VASQUEZ

No. 96-1613.

138 F.3d 711 (1998)

Kelvin MALONE, Plaintiff-Appellant, v. Daniel VASQUEZ, Warden, San Quentin State Prison; Jeremiah W. (Jay) Nixon, Missouri Attorney General, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit

Decided February 26, 1998.

As Corrected March 11, 1998.

Rehearing and Suggestion for Rehearing Denied May 11, 1998.

Attorney(s) appearing for the Case

Curtis L. Blood, Collinsville, IL, argued, for Plaintiff-Appellant.

Stacy L. Anderson, Asst. Attorney Gen., Jefferson City, MO, argued, for Defendants-Appellees.

Before MURPHY and HEANEY, Circuit Judges and ROSENBAUM, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied May 11, 1998.*

MURPHY

Kelvin Malone, who was convicted of murder in Missouri and sentenced to death, appeals from the denial by the district court2 of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We affirm.

I

Kelvin Malone was convicted of the 1981 murder of William Parr, a 62 year old taxi driver in Berkeley...

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