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TYLER v. PURKETT

No. 03-3995.

413 F.3d 696 (2005)

Melvin Leroy TYLER, Appellant, v. James PURKETT, Superintendent at FCC; Al Luebbers; Jeremiah (Jay) W. Nixon; Dave Dormire, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: July 5, 2005.

Attorney(s) appearing for the Case

Susan M. Hunt, argued, Kansas City, MO, for appellant.

Stephen D. Hawke, argued, Attorney General, Jefferson City, MO, for appellee.

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

WOLLMAN, Circuit Judge.

Melvin Leroy Tyler appeals from the district court's1 decision finding that no testable physical evidence in his case currently exists and that the evidence was lost under negligent or otherwise inadvertent circumstances. We affirm.

I.

A.

In 1977, Tyler was convicted of one count each of robbery in the first degree, rape, kidnaping, and armed criminal action for a December 27, 1976, attack...

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