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NOONER v. NORRIS

No. 03-2103.

402 F.3d 801 (2005)

Terrick Terrell NOONER, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 4, 2005.

Attorney(s) appearing for the Case

Dale E. Adams, argued, Little Rock, AR, for appellant.

Counsel who presented argument on behalf of the appellee was Joseph V. Svoboda, Assistant Arkansas Attorney General, Little Rock, AR.

Before WOLLMAN, LAY, and BYE, Circuit Judges.

WOLLMAN, Circuit Judge.

Terrick Terrell Nooner appeals from the district court's dismissal of his petition for writ of habeas corpus under 28 U.S.C. § 2254. The district court found Nooner competent to withdraw his petition and, in the alternative, held that Nooner's substantive claims were without merit. Although we conclude that the district court erred in finding that Nooner's motion to dismiss his petition was knowing and voluntary, we affirm the rejection...

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