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STEWART v. WAGNER

No. 15-2394.

836 F.3d 978 (2016)

Zackary Lee STEWART, Plaintiff-Appellee v. Karl WAGNER, Matt Selby, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 12, 2016.

Attorney(s) appearing for the Case

John R. Lightner , Baird Lightner Millsap, P.C., Springfield, MO, argued ( Patrick R. Baird , on the brief), for appellants.

Steve B. Garner , Strong-Garner-Bauer, P.C., Springfield, MO, argued ( Grant S. Rahmeyer , Strong-Garner-Bauer, P.C., Springfield, MO, Brian F. McCallister , The McCallister Law Firm, Kansas City, MO, Scott R. Pettit , Pettit Law Office, P.C., Aurora, MO, on the brief), for appellee.

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

In 2008, a Missouri jury convicted Zackary Stewart of murdering David Dulin. On appeal, Stewart argued the trial court erred in denying his motion for new trial based on newly-discovered evidence. The Supreme Court of Missouri agreed, reversed the conviction, and remanded for a new trial. State v. Stewart

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