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NEWTON v. KEMNA

No. 02-3972.

354 F.3d 776 (2004)

Harold NEWTON, Appellant, v. Mike KEMNA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 9, 2004.

Rehearing and Rehearing Denied: March 5, 2004.

Attorney(s) appearing for the Case

Kent E. Gipson, argued, Kansas City, Missouri, for appellant.

Frank A. Jung, argued, Jefferson City, Missouri (Jeremiah W. (Jay) Nixon, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD, BEAM, and BYE, Circuit Judges.

Rehearing and Rehearing En Banc Denied: March 5, 2004.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Harold Newton was convicted in a Missouri state court of first degree murder, kidnapping, and two counts of armed criminal action. After exhausting his state post-conviction remedies, Mr. Newton filed a petition under 28 U.S.C. § 2254. The district court1 denied Mr. Newton's petition but granted him a certificate of appealability...

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