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BASILE v. BOWERSOX

No. 497CV1110ERW.

125 F.Supp.2d 930 (1999)

Daniel BASILE, Petitioner, v. Michael BOWERSOX, Superintendent, Potosi Correctional Center, Respondent.

United States District Court, E.D. Missouri, Eastern Division.

December 16, 1999.

Attorney(s) appearing for the Case

Daniel Basile, Mineral Point, MO, pro se.

Eric W. Butts, Philip M. Horwitz, Swaney and Ram, St. Louis, MO, for petitioner.

Michael J. Spillane, Attorney General of Missouri, Assistant Attorney General, Jefferson City, MO, for respondent.

MEMORANDUM AND ORDER

WEBBER, District Judge.

This matter is before the Court on Petitioner Daniel Basile's Petition for Writ of Habeas Corpus by a Petitioner in State Custody Under a Sentence of Death [document # 6].

I. FACTS

Under the AEDPA, a presumption of correctness attaches to state court findings of fact. 28 U.S.C. § 2254(e)(1); Tokar v. Bowersox, 198 F.3d 1039

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