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STATE v. BURNS

No. WD 61669.

112 S.W.3d 451 (2003)

STATE of Missouri, Respondent, v. John C. BURNS, Appellant.

Missouri Court of Appeals, Western District.

August 19, 2003.

Attorney(s) appearing for the Case

John Maurice Schilmoeller, Appellate Defender Office, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., John Munson Morris, Richard A. Starnes, Office of Attorney General, Jefferson City, for Respondent.

RONALD R. HOLLIGER, Judge.

This case is a retrial of charges of attempted forcible rape, armed criminal action, and first degree assault occurring in 1986. John Burns was originally convicted in 1987 of all charges and the convictions were affirmed. State v. Burns, 759 S.W.2d 288 (Mo.App.1988). Burns was denied federal habeas by the United States District Court but that decision was reversed on appeal to the Eight Circuit...

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