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MILLER v. KEMNA

No. 98-2867.

207 F.3d 1096 (2000)

Clifford S. MILLER, Appellant, v. Mike KEMNA, Superintendent; Jeremiah (Jay) Nixon, Attorney General of the State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 3, 2000.

Rehearing and Rehearing Denied June 2, 2000.

Attorney(s) appearing for the Case

Howard B. Eisenberg, Milwaukee, Wisconsin, argued, for appellant.

Stephen D. Hawke, Jefferson City, Missouri, argued (Jeremiah W. (Jay) Nixon, on the brief), for appellee.

Before HANSEN, HEANEY, and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 2, 2000.

PER CURIAM.

Clifford S. Miller shot a woman while abducting her, raped her at gunpoint, and struck her in the head with his gun. The woman later identified Miller as her attacker and after a trial, a Missouri jury convicted him of forcible sodomy, assault, kidnaping, and armed criminal action. Miller filed a motion for postconviction relief, see Mo.S.Ct.R. 29.15, and the Missouri trial court denied...

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