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KING v. KEMNA

No. 99-2047.

226 F.3d 981 (2000)

Jerry Dean KING, Appellant, v. Mike KEMNA, Superintendent; Jeremiah (Jay) Nixon, Attorney General, State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 22, 2000.

Rehearing Granted; Opinion and Judgment Vacated November 15, 2000.

Attorney(s) appearing for the Case

William E. Corum, Overland Park, KS, argued, for Appellant.

Karen E. Pope Butler, Asst. Atty. Gen., Jefferson City, MO, argued, for Appellee.

Before RICHARD S. ARNOLD, HEANEY and LOKEN, Circuit Judges.

Rehearing En Banc Granted; Opinion and Judgment Vacated November 15, 2000.

HEANEY, Circuit Judge.

Jerry King appeals the district court's denial of his 28 U.S.C. § 2254 petition for habeas corpus. We reverse.

I. BACKGROUND

In November 1993, King was living in a trailer behind his brother Dennis's home. At 4:00 a.m. on November 30, King came to his brother's door, where Dennis's wife Viola let him in. King told Dennis that he wanted to...

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