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WHITFIELD v. BOWERSOX

No. 01-1537, 01-1538.

324 F.3d 1009 (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.

Filed: April 7, 2003.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee was Mr. Stephen D. Hawke, AAG, of Jefferson City, MO.

Counsel who presented argument on behalf of the appellee/cross-appellant was Ms. Cheryl A. Pilate of Kansas City, MO. Also appearing on the brief was Mr. Charles M. Rogers.

Before MORRIS SHEPPARD ARNOLD, HEANEY, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Joseph Whitfield (Whitfield) was sentenced to death after being convicted of first degree murder and armed criminal action. The Missouri Supreme Court affirmed the conviction and sentence. Whitfield filed a timely petition for writ of habeas corpus under 28 U.S.C § 2254 (1994 ed. Supp. IV 1998). The federal district court vacated Whitfield's death sentence, finding the state court erred in determining Whitfield voluntarily waived his right...

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