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FORREST v. STEELE

No. 12-2888.

764 F.3d 848 (2014)

Earl FORREST, Petitioner-Appellant v. Troy STEELE, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 22, 2014.

Attorney(s) appearing for the Case

Lance D. Sandage , Sandage Bell LLC, Kansas City, MO, argued ( Kent E. Gipson , Law Office of Kent Gipson, LLC, Kansas City, MO, on the brief), for appellant.

Stephen D. Hawke , Asst. Atty. Gen., Jefferson City, MO, argued ( Chris Koster , Atty. Gen., on the brief), for appellee.

Before RILEY, Chief Judge, LOKEN and BYE, Circuit Judges.

RILEY, Chief Judge.

Earl Forrest was convicted of three counts of capital murder in Missouri state court and was sentenced to death. The Missouri Supreme Court affirmed the conviction and sentence on direct appeal, see State v. Forrest (Forrest I), 183 S.W.3d 218, 232 (Mo.2006) (en banc), and later affirmed the denial of Forrest's motion for post-conviction relief, see Forrest v. State (Forrest II),

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