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FRANKLIN v. HAWLEY

No. 16-4378.

879 F.3d 307 (2018)

Jerry D. FRANKLIN, Petitioner-Appellee v. Josh HAWLEY, Respondent-Appellant T. C. Outlaw, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: January 5, 2018.

Attorney(s) appearing for the Case

Jerry D. Franklin, Pro Se.

Jonathan Sternberg , JONATHAN STERNBERG, P.C., Kansas City, MO, for Petitioner-Appellee.

Andrew Crane , ATTORNEY GENERAL'S OFFICE, Jefferson City, MO, for Respondent-Appellant Josh Hawley.

Stephen David Hawke , Assistant Attorney General, ATTORNEY GENERAL'S OFFICE, Jefferson City, MO, for Respondent T. C. Outlaw.

Before LOKEN, ARNOLD, and SHEPHERD, Circuit Judges.

Jerry Franklin sought habeas relief on the basis that his attorney in the underlying state-court proceeding failed to fulfill Franklin's explicit instruction to appeal his conviction and sentence. The district court granted the petition, finding that Franklin's procedural default of that claim was excused under

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