EVANS v. LUEBBERS

No. 03-1900.

371 F.3d 438 (2004)

Rodney Clay EVANS, Appellant, v. Allen LUEBBERS, Superintendent, Potosi Correctional Center, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 10, 2004.

Rehearing and Rehearing Denied August 6, 2004.


Attorney(s) appearing for the Case

Elizabeth Unger Carlyle, Lee's Summit, MO, for Petitioner-Appellant.

Stephen David Hawke, Jeremiah W. (Jay) Nixon, Attorney General, Cassandra Kaye Dolgin, Attorney General's Office, Lisa J. Berry, Jefferson City, MO, for Respondent-Appellee.

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


Rehearing and Rehearing En Banc Denied August 6, 2004.

BOWMAN, Circuit Judge.

Rodney Clay Evans was convicted of first-degree murder in Missouri and was sentenced to life in prison for killing his estranged wife, Sheilah, by drowning her in the family pool. After he exhausted his state appellate and post-conviction remedies, he filed this 28 U.S.C. § 2254 (2000) habeas corpus petition by which he sought to have his conviction vacated. The District Court...

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