Nos. 00-2777WM, 00-2906WM.

265 F.3d 705 (2001)

Lemoine CARTER, Appellee/Cross-Appellant, v. Michael BOWERSOX, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 11, 2001.

Rehearing and Rehearing Denied: November 8, 2001.

Attorney(s) appearing for the Case

Frank A. Jung, argued, Jefferson City, MO, for appellant.

Frederick A. Duchardt, argued, Kearney, MO, James P. Tierney, Kansas City, MO, for appellee.

Before McMILLIAN, RICHARD S. ARNOLD, and HALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied: November 8, 2001.

RICHARD S. ARNOLD, Circuit Judge.

The State of Missouri appeals from the order of the District Court2 granting Lemoine Carter's petition for habeas corpus, pursuant to 28 U.S.C. § 2254. Petitioner was convicted by a jury for murder and sentenced to death by the state court judge after the jury failed to reach a decision on...

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