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KILMARTIN v. KEMNA

No. 00-1846.

253 F.3d 1087 (2001)

Mark KILMARTIN, Appellee, v. Mike KEMNA & Jay Nixon, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 14, 2001.

Attorney(s) appearing for the Case

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

John R. Osgood, argued, Lee's Summit, MO, for appellee.

Before WOLLMAN, Chief Judge, LOKEN, Circuit Judge, and BOGUE, District Judge.

BOGUE, District Judge.

Mike Kemna and Jay Nixon (the "government") appeal from the district court's grant of habeas corpus relief to Mark Kilmartin. Kilmartin sought habeas relief after his April 14, 1994 Missouri state court conviction for four counts of witness tampering. Kilmartin is currently serving a life sentence for forcible sodomy. After being denied relief in both the Missouri Court of Appeals and the Missouri Supreme Court, Kilmartin sought habeas relief...

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