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BILAUSKI v. STEELE

No. 13-2210.

754 F.3d 519 (2014)

Richard BILAUSKI, Petitioner-Appellee v. Troy STEELE; Chris Koster, Respondents-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 5, 2014.

Attorney(s) appearing for the Case

Terrence M. Messonnier , Asst. Atty. Gen., Jefferson City, MO, argued ( Chris Koster , Atty. Gen., on the brief), for appellants.

Kevin L. Schriener , Law & Schriener, LLC, Clayton, MO, argued, for appellee.

Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges.

WOLLMAN, Circuit Judge.

Warden Troy Steele and Missouri Attorney General Chris Koster (collectively, the State) appeal from the district court's order granting Richard Bilauski's petition for habeas corpus relief under 28 U.S.C. § 2254. We reverse.

I. Background

On June 10, 2001, Bilauski was involved in a violent altercation with Robert Vessell and Danny Rose. Bilauski repeatedly struck Vessell in the head, first with a pogo stick and then...

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