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CLAY v. BOWERSOX

No. 02-2419, 02-2522.

367 F.3d 993 (2004)

Richard D. CLAY, Petitioner — Appellee/Cross Appellant, v. Michael BOWERSOX, Respondent — Appellant/Cross Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 17, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee was Frank Jung, AAG, of Jefferson City, MO.

Counsel who presented argument on behalf of the appellee/cross-appellant were Jennifer Herndon of St. Louis, MO and Elizabeth Unger Carlyle of Lee's Summit, MO.

Before LOKEN, Chief Judge, WOLLMAN and COLLOTON, Circuit Judges.

LOKEN, Chief Judge.

A Missouri state court jury found Richard Clay guilty of the first degree murder of Randy Martindale. A few months later, a second jury convicted Martindale's estranged wife Stacy of hiring the murderer. The Missouri Supreme Court affirmed Clay's conviction and death sentence and the denial of state post-conviction relief. State v. Clay, 975 S.W.2d 121 (Mo.1998) (en banc). Clay then filed this petition...

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