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FAIRCHILD v. LOCKHART

Nos. 90-2438, 91-2532.

979 F.2d 636 (1992)

Barry Lee FAIRCHILD, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellee. Barry Lee FAIRCHILD, Appellant, v. A.L. LOCKHART, Director, Arkansas Department of Correction, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1992.

Rehearing and Rehearing Denied December 30, 1992.

Attorney(s) appearing for the Case

Richard H. Burr, New York City, argued, for appellant.

Jack Gillean, Asst. Atty. Gen., Little Rock, Ark., argued, for appellee.

Before ARNOLD, Chief Judge, ROSS, Senior Circuit Judge, and MAGILL, Circuit Judge.

Rehearing and Rehearing En Banc Denied December 30, 1992.

MAGILL, Circuit Judge.

We have for review a third federal habeas appeal on the guilt phase of this capital murder conviction which occurred over nine years ago. The murder took place on February 26, 1983, in Arkansas. Appellant was apprehended on the night of March 4, 1983, and early in the morning of March 5 made two videotaped confessions. After the first confession and before the second, he led the...

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