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BROWN v. LUEBBERS

No. 02-1845EM.

344 F.3d 770 (2003)

Vernon BROWN, Appellant, v. Allen D. LUEBBERS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 19, 2003.

Opinion Vacated January 23, 2004.

Order Denying Petition for Rehearing and for Rehearing January 26, 2004.

Attorney(s) appearing for the Case

John W. Simon, argued, Clayton, MO (Richard H. Sindel, Clayton, MO, on the brief), for appellant.

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

Before BOWMAN, RICHARD S. ARNOLD, and BYE, Circuit Judges.

Order Denying Petition for Rehearing and for Rehearing En Banc January 26, 2004.

RICHARD S. ARNOLD, Circuit Judge.

Vernon Brown appeals from the decision of the District Court denying his 28 U.S.C. § 2254 (2000) petition for a writ of habeas corpus. We affirm in part and reverse in part.

In 1991, a jury convicted Brown of first-degree murder in the 1985 strangulation death of Synetta Ford in St. Louis, Missouri, and he was sentenced to be executed...

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