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WEAVER v. BOWERSOX

No. 99-3462.

241 F.3d 1024 (2001)

William WEAVER, Petitioner-Appellee, v. Michael BOWERSOX, Respondent-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 23, 2001.

Attorney(s) appearing for the Case

Stephen D. Hawke, argued, Jefferson City, MO, for appellant.

Philip M. Horwitz, argued, St. Louis, MO (Eric W. Butts, on the brief), for appellee.

Before BOWMAN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.

BYE, Circuit Judge.

The State of Missouri appeals from the judgment of the district court granting William Weaver's petition for habeas corpus relief under 28 U.S.C. § 2254. The district court determined that Weaver's Fourteenth Amendment rights under the Equal Protection Clause were violated when the state prosecutor exercised two peremptory strikes against black venirepersons during Weaver's murder trial. We reverse; we also remand to the district court to...

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