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MARK v. AULT

Nos. 06-3476, 06-3513.

498 F.3d 775 (2007)

Jerry MARK, Appellee/Cross-Appellant, v. John AULT, Appellant/Cross-Appellee, Warden Herb Maschner; Warden Ken Burger, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed August 16, 2007.

Rehearing and Rehearing En Banc Denied October 4, 2007.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee was AAG Robert P. Ewald, Des Moines, Iowa.

Counsel who presented argument on behalf of the appellee/cross-appellant was Paul Herschel Rosenberg, Des Moines, Iowa.

Before MELLOY, SMITH and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

An Iowa jury convicted Jerry Mark ("Mark") on four counts of first-degree murder in 1976. Following unsuccessful state appeals and postconviction proceedings, Mark filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. After denying Mark's motion to expand the record, the district court granted his petition for writ of habeas corpus. Warden John Ault appeals the district court's grant of Mark's petition, and Mark cross...

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