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LEE v. KELLEY

No. 17-1840.

854 F.3d 544 (2017)

Ledell LEE, Plaintiff-Appellant v. Wendy KELLEY, Director, Arkansas Department of Correction, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 20, 2017.

Attorney(s) appearing for the Case

Ledell Lee, Pro se.

Lee Deken Short , Short Law Firm, North Little Rock, AR, Cassandra Stubbs , American Civil Liberties Union, Capital Punishment Project, Durham, NC, for Plaintiff-Appellant.

Nicholas Jacob Bronni , Valerie G. Fortner , Kent G. Holt , Ashley Argo Priest , Assistant Attorneys General, Christian Harris, Darnisa E. Johnson , Lee P. Rudofsky , Attorney General's Office, Little Rock, AR, for Defendant-Appellee.

Before BENTON, SHEPHERD, and KELLY, Circuit Judges.

About five hours before Ledell Lee's scheduled execution, two appeals were brought to this court. In the first, the district court determined that, under Gonzalez v. Crosby, 545 U.S. 524, 125 S.Ct. 2641, 162 L.Ed.2d 480 (2005), it lacked jurisdiction on the ground that Lee's motion for relief from judgment...

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