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CLAYTON v. ROPER

No. 06-3260.

515 F.3d 784 (2008)

Cecil CLAYTON, Appellant, v. Donald P. ROPER, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 1, 2008.

Attorney(s) appearing for the Case

Elizabeth Unger Carlyle, argued, Columbus, MS, Susan M. Hunt, Kansas City, MO, on the brief, for appellant.

Andrew W. Hassell, AAG, argued, Jefferson City, MO, for appellee.

Before BYE, BOWMAN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Cecil Clayton was convicted of first degree murder in the Circuit Court of Jasper County, Missouri, and sentenced to death. After Clayton exhausted his state appeals, he petitioned the appropriate United States district court for a writ of habeas corpus. In his petition Clayton contended that the State of Missouri violated his due process rights at trial, and he requested an evidentiary hearing to determine his present competency to proceed further...

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