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MIDDLETON v. ROPER

No. 04-3160.

455 F.3d 838 (2006)

John MIDDLETON, Appellant, v. Don ROPER, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 6, 2006.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was John W. Simon of Clayton, MO. Charles M. Rogers of Kansas City, MO appeared on the brief.

Counsel who presented argument on behalf of the appellee was Michael J. Spillane, AAG, of Jefferson City, MO.

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

RILEY, Circuit Judge.

A Missouri state court sentenced John A. Middleton (Middleton) to death following Middleton's convictions for two counts of first-degree murder. The Missouri Supreme Court affirmed Middleton's convictions and sentences on direct appeal, and later affirmed the denial of his motion for post-conviction relief. Middleton timely applied for a writ of habeas corpus under 28 U.S.C. § 2254. The district court2 denied...

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