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BROWN v. LUEBBERS

No. 02-1845.

371 F.3d 458 (2004)

Vernon BROWN, Appellant, v. Allen D. LUEBBERS, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 15, 2004.

Attorney(s) appearing for the Case

John W. Simon, argued, Clayton, MO (Richard H. Sindel, Clayton, MO, on the brief), for appellant.

Stephen D. Hawke, argued, AAG, Jefferson City, MO, for appellee.

Before LOKEN, Chief Judge, RICHARD S. ARNOLD, BOWMAN, WOLLMAN, MORRIS SHEPPARD ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, and COLLOTON, Circuit Judges, En Banc.

BOWMAN, Circuit Judge.

In 1991, a jury convicted Vernon Brown in Missouri state court for the 1985 strangulation death of Synetta Ford. He was sentenced to death. His consolidated direct appeal and post-conviction challenges in the Missouri Supreme Court were unavailing. State v. Brown, 998 S.W.2d 531(Mo.) (en banc), cert. denied, 528 U.S. 979, 120 S.Ct. 431, 145 L.Ed.2d 337 (1999). His 28 U.S.C. § 2254 petition...

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