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PERRY v. KEMNA

No. 03-1086.

356 F.3d 880 (2004)

Jeremaine PERRY, Appellant, v. Michael KEMNA, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 30, 2004.

Rehearing and Rehearing Denied March 16, 2004.

Attorney(s) appearing for the Case

Sean Dennis O'Brien, argued, Kansas City, MO, for appellant.

Andrew W. Hassell, argued, Jefferson City, MO, for appellee.

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

Rehearing and Rehearing En Banc Denied March 16, 2004.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Jeremaine Perry was convicted in state court of second-degree murder and sentenced to life imprisonment. After exhausting his state post-conviction remedies, Mr. Perry filed a petition under 28 U.S.C. § 2254. The district court1 denied Mr. Perry's petition but granted him a certificate of appealability on one of his claims, and we...

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