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MIDDLETON v. ROPER

No. 06-2907.

498 F.3d 812 (2007)

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

United States Court of Appeals, Eighth Circuit.

Filed: August 17, 2007.

Attorney(s) appearing for the Case

Cheryl Ann Pilate, argued, Charles Rogers, on the brief, Kansas City, MO, for appellant.

Michael Joseph Spillane, AAG, argued, Jefferson City, MO, for appellee.

Before LOKEN, Chief Judge, ARNOLD and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

John Middleton was convicted of the first-degree murder of Alfred Pinegar and sentenced to death by a Missouri trial court. The Supreme Court of Missouri affirmed the conviction and sentence on direct appeal, State v. Middleton, 995 S.W.2d 443 (Mo.1999) ("Middleton I"), and subsequently affirmed the denial of his motion for post-conviction relief. Middleton v. State,

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