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IVY v. CASPARI

No. 98-2574.

173 F.3d 1136 (1999)

Jason Aaron IVY, Appellee, v. Paul CASPARI, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed April 19, 1999.

Attorney(s) appearing for the Case

Frank A. Jung, Jefferson, City, MO, argued, for Appellant.

Alok Ahuja, Kansas City, Mo, argued (Douglas R. Dalgleish and William C. Odle, on the brief), for Appellee.

Before: RICHARD S. ARNOLD, WOLLMAN, and BEAM, Circuit Judges.

WOLLMAN, Circuit Judge.

The State of Missouri appeals the district court's1 order granting Jason Aaron Ivy's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm.

I.

We summarize the facts as found by the district court. On April 14, 1988, Ivy, then age fifteen, shot and killed his stepsister, Susan Magruder, with a .22 caliber handgun. Earlier that night, Susan had played a practical joke...

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