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FRANKLIN v. LUEBBERS

Nos. 05-1043, 05-1047.

494 F.3d 744 (2007)

Joseph FRANKLIN, Appellee/Cross-Appellant, v. Al LUEBBERS, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 24, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Stephen D. Hawke, AAG, of Jefferson City, MO.

Counsel who presented argument on behalf of the appellee were S. Paige Canfield of St. Louis, MO; and Jennifer Herndon of Florissant, Mo.

Before RILEY, BEAM, and SMITH, Circuit Judges.

RILEY, Circuit Judge.

Joseph Franklin (Franklin) applied for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, collaterally attacking his Missouri capital murder conviction and death sentence. The district court granted Franklin's application on two grounds and denied the application on all other grounds. This appeal followed. We reverse.

I. BACKGROUND

On October 8, 1977, a sniper fired shots at worshipers exiting a St. Louis...

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