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CARTER v. KEMNA

No. 00-2323

255 F.3d 589 (2001)

Lemuel Carter, Jr., Appellee, v. Michael Kemna; Jeremiah (Jay) W. Nixon, Missouri Attorney General, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 18, 2001

Rehearing and Rehearing Denied: August 15, 2001.

Attorney(s) appearing for the Case

Stephen D. Hawke, argued, Jefferson City, MO (Jeremiah W. (Jay) Nixon, on the brief), for appellant.

Terry Burnet, argued, St. Louis, MO, for appellee.

Before RICHARD S. ARNOLD, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied: August 15, 2001.*

FAGG, Circuit Judge.

The State of Missouri charged Lemuel Carter, Jr. with second-degree murder, robbery, assault, and armed criminal action. During jury selection at Carter's trial, the prosecution used a peremptory challenge to exclude an African-American, Mr. Hurst, from the pool of potential alternate jurors. Carter objected asserting the

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