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WEAVER v. BOWERSOX

Nos. 03-2880, 03-2938.

438 F.3d 832 (2006)

William WEAVER, Appellee/Cross-Appellant, v. Michael BOWERSOX, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 16, 2006.

As Corrected February 23, 2006.

Attorney(s) appearing for the Case

Assistant Atty. Gen., Michael J. Spillane, argued, Jefferson City, MO (Asst. Atty. Gen., Stephen D. Hawke, on the brief), for appellant/cross-appellee.

Eric W. Butts, argued, St. Louis, MO, for appellee/cross-appellant.

Before BYE, BOWMAN, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

The State of Missouri appeals the grant of habeas relief to William Weaver. The district court1 concluded that the prosecutor's closing arguments during the penalty phase of Weaver's capital murder trial violated the United States Constitution. Weaver cross-appeals the denial of his claim that the prosecutor made improper closing arguments during the guilt phase of the trial. We affirm.

I.

In separate...

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