BARKS v. ARMONTROUT

No. 88-1960.

872 F.2d 237 (1989)

Robert BARKS, Appellant, v. William ARMONTROUT, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1989.


Attorney(s) appearing for the Case

Chris Osborn, St. Louis, Mo., for appellant.

Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before FAGG and BEAM Circuit Judges and HEANEY, Senior Circuit Judge.


HEANEY, Senior Circuit Judge.

Robert Barks appeals from the district court's order dismissing without prejudice Barks's petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. We reverse and remand for further proceedings.

In 1985 Barks was convicted by a jury in Missouri State Court of attempted stealing of a motor vehicle, and was sentenced as a persistent offender to a term of eight years imprisonment in the Missouri Department of Corrections...

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