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FORD v. NORRIS

No. 03-2917.

364 F.3d 916 (2004)

Clay Anthony FORD, Appellee, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 14, 2004.

Attorney(s) appearing for the Case

Teena L. Watkins, argued, Asst. U.S. Attorney, Little Rock, AR, for appellant.

James L. Holmes, argued, Little Rock, AR, for appellee.

Before WOLLMAN, RICHARD S. ARNOLD, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is an appeal from an order granting a petition for habeas corpus to a state prisoner. See 28 U.S.C. § 2254. Because we conclude that the district court incorrectly applied the controlling law in this case, we reverse.

I.

In 1980, Clay Ford shot and killed Sergeant Glen Bailey of the Arkansas State Police. After Mr. Ford was tried, found guilty of capital murder, and sentenced to death, we upheld...

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