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STATE EX REL. FRANCIS v. McELWAIN

No. SC 85648.

140 S.W.3d 36 (2004)

STATE ex rel. Lee S. FRANCIS, Relator, v. The Honorable Warren L. McELWAIN, Respondent.

Supreme Court of Missouri, En Banc.

August 3, 2004.

Attorney(s) appearing for the Case

Lew A. Kollias, Office of State Public Defender, Columbia, MO, for Relator.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrew W. Hassell, Asst. Atty. Gen., Jefferson City, MO, for Respondent.

STEPHEN N. LIMBAUGH, JR., Judge.

Relator, Lee S. Francis, is an inmate in the Missouri Department of Corrections facility in DeKalb County, having been convicted in the Circuit Court of Jackson County of first degree murder and armed criminal action and sentenced to consecutive life terms. With the representation of the Office of the Missouri State Public Defender [OSPD], Francis attempted to file a petition for a writ of habeas corpus in the Circuit Court of DeKalb...

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