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CLEMONS v. LUEBBERS

Nos. 02-3201, 02-3239.

381 F.3d 744 (2004)

Reginald CLEMONS, Appellee/Cross-Appellant, v. Allen LUEBBERS, Superintendent, Potosi Correctional Center, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 9, 2004.

Attorney(s) appearing for the Case

Stephen D. Hawke, argued, Assistant Missouri Attorney General, Jefferson City, MO, for appellant.

John M. Kenney, argued, New York, NY (David Elbaum, Michelle B. Cherande and Nina L. Rifkind of New York, NY, and Mark G. Arnold, St. Louis, MO, on the brief), for appellees.

Before MELLOY, BEAM, and COLLOTON, Circuit Judges.

BEAM, Circuit Judge.

This is an appeal stemming from an unfortunate series of events culminating in the sexual assault and murder of two women in St. Louis, Missouri. The district court granted Reginald Clemons habeas corpus relief based on a perceived denial of his Sixth Amendment right to a fair jury under Witherspoon v. Illinois, 391 U.S. 510, 518, 522, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968) (holding that a death sentence was...

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