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SIMMONS v. TAYLOR

No. 98-3082.

195 F.3d 346 (1999)

Marlon SIMMONS, Appellant, v. Lynda TAYLOR; Jeremiah (Jay) Nixon, Attorney General of the State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 21, 1999.

Attorney(s) appearing for the Case

David L. Gallego, Columbia, MO, for appellant.

Cassandra K. Dolgin, Jefferson City, MO, for appellee.

Before: BOWMAN, Chief Judge, LAY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

BOWMAN, Chief Judge.

Marlon Simmons appeals from the order of the District Court1 denying his habeas corpus petition. This Court granted a certificate of appealability on two issues: "(1) whether the use of a police photo and admission of testimony that the detective obtained the photo from the police records unit was a denial of due process, and (2) whether appellant was denied due process and...

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