Nos. 99-3281, 99-3440.

275 F.3d 709 (2002)

Kenneth KENLEY, Appellee, v. Michael BOWERSOX, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 3, 2002.

Rehearing and Rehearing Denied: February 20, 2002.

Attorney(s) appearing for the Case

Stephen D. Hawke, Assistant Missouri Attorney General, argued (Stacy L. Anderson, Assistant Attorney General, and Jeremiah W. Nixon, Missouri Attorney General, on the brief), for appellant.

Jennifer Brewer, St. Louis, MO, argued (Frederick A. Duchardt, Jr., Kearney, MO, on the brief), for appellee.


Rehearing and Rehearing En Banc Denied: February 20, 2002.

BOWMAN, Circuit Judge.

The long history of this case is detailed in our opinion in Kenley v. Bowersox, 228 F.3d 934, 936-37 (8th Cir.2000) (Kenley II), which disposed of the bulk of this particular appeal. Briefly, Kenneth Kenley was convicted of capital murder (among other crimes) as a result of a crime spree through northern Arkansas and southern Missouri...

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