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REVELS v. SANDERS

No. 06-3052.

519 F.3d 734 (2008)

Frederick Lee REVELS, Petitioner-Appellant, v. Mary SANDERS, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 10, 2008.

Attorney(s) appearing for the Case

Elizabeth Unger Carlyle, argued, Columbis, MS, for Appellant.

Stephen David Hawke, AAG, argued, Jefferson City, MO, for Appellee.

Before MELLOY, BRIGHT, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Petitioner Frederick Lee Revels, an insanity acquittee, appeals from the district court's order denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. In his petition, Revels challenges the Missouri Court of Appeals's denial of his application for unconditional release. Because we conclude that the court violated Revels's due process rights by imposing on him an evidentiary burden contrary to Supreme Court precedent...

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