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KIDD v. NORMAN

No. 10-1375.

651 F.3d 947 (2011)

Ricky KIDD, Appellant, v. Jeff NORMAN, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 29, 2011.

Attorney(s) appearing for the Case

Sean D. O'Brien, UMKC School of Law, Kansas City, MO, argued ( Tiffany R. Murphy, Legal Dir., The Midwestern Innocence Project, Kansas City, MO, on the brief), for appellant.

Andrew W. Hassell, Asst. Atty. Gen., Jefferson City, MO, argued ( Chris Koster, Atty. Gen., on the brief), for appellee.

Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

BYE, Circuit Judge.

A Missouri jury found Ricky Kidd guilty of first-degree murder. He received a sentence of life imprisonment without the possibility of parole. After exhausting his state court remedies, Kidd filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In his petition, Kidd alleged a Schlup1 "gateway" claim of actual innocence hoping to resurrect ineffective-assistance-of-counsel claims which...

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