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BARRETT v. ACEVEDO

Nos. 96-2699, 96-2702.

169 F.3d 1155 (1999)

Bryan Kirby BARRETT, Appellee/Cross-Appellant, v. Gerardo ACEVEDO, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 9, 1999.

Attorney(s) appearing for the Case

Nicholas Critelli, Des Moines, IA, argued (Lylea D. Critelli, on the brief), for Appellee/Cross-Appellant.

Thomas D. McGrane, Assistant Attorney General, Des Moines, IA, argued (Thomas J. Miller, on the brief), for Appellant/Cross-Appellee.

Before BOWMAN, Chief Judge, McMILLIAN, RICHARD S. ARNOLD, JOHN R. GIBSON, FAGG, WOLLMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, MURPHY, and KELLY, Circuit Judges.

BEAM, Circuit Judge.

Gerardo Acevedo, on behalf of the State of Iowa (the State), appeals the district court's grant of habeas corpus relief under 28 U.S.C. § 2254 to Bryan Kirby Barrett. We reverse.

I. BACKGROUND

Barrett has been twice tried for, and twice convicted of, the murders of two young women. The Iowa Supreme Court set aside his first conviction and granted him a new trial on the ground that certain evidence had been improperly admitted...

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