Nos. 02-3103, 11-3346.

735 F.3d 833 (2013)

Andrew SASSER, Petitioner-Appellant v. Ray HOBBS, Director, Arkansas Department of Corrections, Respondent-Appellee. Andrew Sasser, Petitioner-Appellant v. Ray Hobbs, Director, Arkansas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: November 15, 2013.

Attorney(s) appearing for the Case

Scott Braden , AFPD, of Little Rock, AR, ( Deborah Ann Czuba , AFPD, on the brief), for appellant.

Kelly Hook Fields , AAG, of Little Rock, AR, for appellee.

Before RILEY, Chief Judge, WOLLMAN and MELLOY, Circuit Judges.

RILEY, Chief Judge.

We consider Andrew Sasser's death penalty appeal for the third time. After an Arkansas jury sentenced Sasser to death in 1994 for capital murder, he lost his Arkansas direct appeal in 1995 and his effort to obtain postconviction relief in Arkansas state court in 1999. See Sasser v. State, 338 Ark. 375, 993 S.W.2d 901, 903 (1999...

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