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THOMAS v. PAYNE

Nos. 17-1833/17-2380.

960 F.3d 465 (2020)

Mickey THOMAS, Petitioner-Appellee/Cross-Appellant v. Dexter PAYNE, Director, Arkansas Department of Correction, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 22, 2020.

Attorney(s) appearing for the Case

Scott Braden , John Charles Williams , Assistant Federal Public Defenders, Jason Phillip Kearney , Federal Public Defender's Office, Little Rock, AR, for Petitioner-Appellee.

Mickey Thomas, Arkansas Department of Corrections-Varner Supermax, Grady, AR, Pro. Se.

Christian Harris , Kent G. Holt , Assistant Attorney General, Rachel Marie Kemp , Attorney General's Office, Little Rock, AR, for Respondent-Appellant.

Before BENTON, GRASZ, and STRAS, Circuit Judges.

Mickey Thomas applied for habeas relief after the Arkansas Supreme Court affirmed his capital-murder death sentence. The district court granted Thomas partial relief. Both Thomas and the State of Arkansas appealed. We affirm in part and reverse in part.

I. Background

Mickey Thomas was charged with capital...

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