ERVIN v. DELO

No. 97-1435.

194 F.3d 908 (1999)

Tomas G. ERVIN, Appellant, v. Paul K. DELO, Superintendent, Potosi Correctional Center; Michael Bowersox, Superintendent, Potosi Correctional Center, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 18, 1999.


Attorney(s) appearing for the Case

John R. Osgood, Lee's Summit, MO, argued, for appellant.

Stephen D. Hawke, Jefferson City, MO, argued for appellee.

Before BOWMAN, HEANEY, and FAGG, Circuit Judges.


FAGG, Circuit J.

Tomas G. Ervin, a Missouri death row inmate, appeals the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his first-degree murder and robbery convictions. We affirm.

On December 19, 1988, the body of Richard Hodges was discovered in a ditch near Jefferson City, Missouri. Duct tape bound Richard's hands and covered his nose and mouth. An autopsy revealed Richard had been suffocated to death. The same day, police...

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