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JOHNS v. BOWERSOX

No. 97-1637.

203 F.3d 538 (2000)

Stephen K. JOHNS, Appellant, v. Michael BOWERSOX, Superintendent of Potosi Correctional Center, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 8, 2000.

Attorney(s) appearing for the Case

John William Simon, Jefferson City, MO, argued (Robert J. Selsor, on the brief), for Appellant.

Stephen C. Hawke, Assistant Attorney General, argued (Jeremiah W. (Jay) Nixon, Missouri Attorney General, on the brief), for Appellee.

Before RICHARD S. ARNOLD, WOLLMAN, and BEAM, Circuit Judges.

WOLLMAN, Chief Judge.

Stephen K. Johns was convicted of capital murder and sentenced to death for the 1982 murder of a gas station attendant. He appeals the district court's3 denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. We affirm.

I.

The evidence adduced at trial established the following sequence of events. In January of 1982 Johns told David Smith that he wanted to rob the Onyx gas station...

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