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NOONER v. NORRIS

No. 06-3487.

499 F.3d 831 (2007)

Terrick Terrell NOONER, Appellant, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 24, 2007.

Attorney(s) appearing for the Case

Julie Brain, AFPD, argued, Little Rock, AR, for appellant.

Joseph V. Svoboda, AAG, argued, Little Rock, AR, for appellee.

Before BYE, RILEY, and BENTON, Circuit Judges.

RILEY, Circuit Judge.

Terrick Terrell Nooner (Nooner) appeals the district court's denial of his application for a writ of habeas corpus under 28 U.S.C. § 2254. We reverse the dismissal of Nooner's habeas application as a second or successive application and remand for further proceedings.

I. BACKGROUND

On March 16, 1993, Nooner shot and killed Scot Stobaugh. A jury convicted Nooner of capital-felony murder with aggravated robbery...

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