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VERWEIRE v. MOORE

No. WD 64038.

168 S.W.3d 518 (2005)

Howard J. VERWEIRE, Petitioner, v. Steven MOORE, Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 31, 2005.

Application for Transfer Denied August 30, 2005.

Attorney(s) appearing for the Case

Kent E. Gipson, Public Interest Litigation Clinic, Kansas City, for Appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrew Hassell, Office of Attorney General, Jefferson City, for Respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 31, 2005.

PAUL M. SPINDEN, Judge.

Howard J. Verweire filed a petition for writ of habeas corpus seeking to vacate his conviction for the Class B felony of assault in the first degree and his 10-year sentence. Verweire claims that he is actually innocent of the crime. We disagree and deny his petition.

Because Verweire stated a colorable claim in his petition and because manifest...

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