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Armstrong v. Kemna

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Submitted: September 22, 2009

Before RILEY, HANSEN, and SMITH, Circuit Judges.

This case is before us for the third time. After William A. Armstrong (Armstrong) was convicted in Missouri state court of first-degree murder and various other charges, Armstrong filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court denied Armstrong’s application, and this court remanded for the district court to consider Armstrong’s claims of ineffective assistance of counsel. See Armstrong v. Kemna, 365 F.3d 622, 630 (8th Cir. 2004) (Armstrong I). The district court found Armstrong’s counsel acted reasonably and again denied Armstrong’s application. On appeal, this court found Armstrong’s counsel did not exercise reasonable diligence and remanded for the district court to determine whether counsel’s errors prejudiced Armstrong. See Armstrong v. Kemna, 534 F.3d 857, 866, 868 (8th Cir. 2008) (Armstrong II). On remand, the district court found Armstrong was prejudiced and granted Armstrong’s application for habeas relief. The government appeals the district court’s finding of prejudice. We reverse and deny the writ.

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