SHURN v. DELO

No. 98-2456.

177 F.3d 662 (1999)

Daryl SHURN, Appellant, v. Paul DELO, Superintendent, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 10, 1999.

Rehearing Denied June 29, 1999.


Attorney(s) appearing for the Case

Mark G. Arnold, St. Louis, MO, argued, for appellant.

Cassandra Kaye Dolgin, Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, on the brief), for appellee.

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


BRIGHT, Circuit Judge.

A jury convicted Daryl Shurn of first-degree murder for his participation in the shooting death of Charles Taylor. The trial court sentenced Shurn to death after the jury failed to agree on punishment. Shurn appeals the denial of his petition for a writ of habeas corpus.1 28 U.S.C. § 2254 (1999). He challenges his conviction and sentence. We affirm the conviction but vacate the death sentence. We remand with...

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