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EVANS v. ROGERSON

No. 00-1060.

223 F.3d 869 (2000)

Jack Spencer EVANS, Appellee, v. Russell ROGERSON, Warden, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2000.

Rehearing and Rehearing Denied October 20, 2000.

Attorney(s) appearing for the Case

Robert P. Ewald, Des Moines, IA, argued (Thomas J. Miller, on the brief), for Appellant.

Alfredo Parrish, Des Moines, IA, argued, for Appellee.

Before: BOWMAN, FLOYD R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 20, 2000.

BOWMAN, Circuit Judge.

The State of Iowa appeals the District Court's grant of Jack Evans's petition for habeas corpus relief under the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat. 1214 (AEDPA). We conclude that the District Court erred in holding that the Iowa Supreme Court made an unreasonable determination of the facts...

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