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HENDRICKS v. LOCK

No. 00-1309EM.

238 F.3d 985 (2001)

Danny HENDRICKS, Appellee, v. Kelly LOCK, Superintendent of Central Missouri Correctional Center, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 9, 2001.

Attorney(s) appearing for the Case

Stacy L. Anderson, argued, Jefferson City, MO, for appellant.

Curtis L. Blood, argued, Collinsville, IL, for appellee.

Before WOLLMAN, Chief Judge, RICHARD S. ARNOLD and HANSEN, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

In this appeal, the State of Missouri seeks to reverse the conditional grant of habeas corpus to Danny Hendricks, a Missouri prisoner. The District Court,1 in granting the writ, held that the insufficient performance of appellate counsel had in effect denied Mr. Hendricks his first appeal of right in the state courts. We agree and affirm.

I.

The facts, viewed in a light most favorable...

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