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VILLASANA v. WILHOIT

No. 03-2266.

368 F.3d 976 (2004)

Armand VILLASANA, Jr., Plaintiff — Appellant, v. Weldon WILHOIT, et al., Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: June 1, 2004.

Attorney(s) appearing for the Case

Gregory W. Aleshire, argued, Springfield, MO, for appellant.

Andrea K. Spillars, argued, Asst. Atty. Gen., Jefferson City, MO, for appellee.

Before LOKEN, Chief Judge, FAGG and BOWMAN, Circuit Judges.

LOKEN, Chief Judge.

After Armand Villasana was tried and convicted of kidnaping, rape, and sodomy in a Missouri state court, he moved for a new trial. In responding to that motion, the prosecutor produced test results underlying previously produced Missouri State Highway Patrol Crime Laboratory reports. Based on these test results, Villasana hired an expert who performed additional DNA testing on the physical evidence in question. After the expert explained these...

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