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WHITFIELD v. BOWERSOX

Nos. 01-1537, 01-1538.

343 F.3d 950 (2003)

Joseph E. WHITFIELD, Cross-Appellant/Appellee, v. Michael BOWERSOX, Superintendent, Potosi Correctional Center; Jeremiah Nixon, Attorney General, State of Missouri, Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

September 2, 2003.

Attorney(s) appearing for the Case

Cheryl Ann Pilate, Charles M. Rogers, Wyrsch & Hobbs, Kansas City, MO, Joseph E. Whitfield, pro se, Mineral Point, MO, for Petitioner-Appellee.

Stephen David Hawke, Attorney General's Office, Jefferson City, MO, for Respondents-Appellants.

On June 17, 2003, the Supreme Court of Missouri, in State v. Whitfield, 107 S.W.3d 253, 256 (Mo.2003), recalled its mandate and set aside Whitfield's death sentence. The Missouri Supreme Court resentenced Whitfield "to life imprisonment without eligibility for probation, parole, or release except by act of the Governor." Id. at 272. Based on the Missouri Supreme Court's action, we vacate sections III.B. and III. C.1 of our...

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