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LEE v. GAMMON

No. 98-2363.

222 F.3d 441 (2000)

Joseph LEE, Appellant, v. James GAMMON, Superintendent, and Jeremiah (Jay) Nixon, Attorney General, State of Missouri, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2000

Attorney(s) appearing for the Case

James E. Berger, argued, Kansas City, MO, for appellant.

Troy G. Allen, Asst. Atty. Gen., argued, Jefferson City, MO (Jeremiah (Jay) Nixon, MO Atty. Gen., on the brief), for appellee.

BEFORE: BOWMAN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Joseph Lee was convicted in Missouri state court of first-degree robbery, based on a robbery in which the victim was shot to death. After the Missouri Supreme Court affirmed his conviction and upheld the denial of his motion for post-conviction relief, see State v. Lee, 841 S.W.2d 648 (Mo.1992) (en banc), Mr. Lee petitioned for habeas corpus relief in federal court. See

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