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DAVIS v. NORRIS

No. 04-2192.

423 F.3d 868 (2005)

Don William DAVIS, Petitioner-Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: September 14, 2005.

Rehearing and Rehearing Denied November 9, 2005.

Attorney(s) appearing for the Case

E. Alvin Schay, argued, Little Rock, AR (Deborah Sallings, on the brie), for appellant.

Kelly K. Hill, argued, Asst. Atty. Gen., Little Rock, AR, for appellee.

Before MURPHY, BYE, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 9, 2005.

MURPHY, Circuit Judge.

Don William Davis was convicted of capital murder in Arkansas and sentenced to death. His conviction and sentence were affirmed on direct appeal, and his petition for postconviction relief in state court was denied. He then filed this petition for writ of habeas corpus under 28 U.S.C. § 2254. The district court1 denied his petition as well as a...

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