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WESTON v. DORMIRE

No. 00-2387.

272 F.3d 1109 (2001)

John WESTON, Appellant, v. Dave DORMIRE, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 30, 2001.

Rehearing and Rehearing En Banc Denied: January 10, 2002.

Attorney(s) appearing for the Case

Richard L. Beaver, Jefferson City, MO, argued, for appellant.

Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, MO, argued, for appellee.

Before LOKEN and MORRIS SHEPPARD ARNOLD, Circuit Judges, and BATAILLON, District Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

After a Missouri state court jury found John Weston guilty of second-degree murder, see Mo.Rev.Stat. § 565.021.1(1), the state trial court sentenced him to life in prison. The state trial court also denied Mr. Weston's subsequent petition for post-conviction relief, see Mo. R.Crim. P. 29.15(a) and Mo. R.Crim. P. 29.15(m) (1997, historical notes). A Missouri appellate court affirmed Mr. Weston's conviction on...

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