Summary
reviewing habeas corpus petition wherein allegations of ineffectiveness for failure to present evidence regarding ability to deliberate would have negated first degree assault intent (knowing) and would have entitled petitioner to instruction of second degree assault (reckless)
Summary of this case from Cravens v. StateOpinion
No. 99-2047
Submitted: May 9, 2000
Filed: September 22, 2000 Rehearing En Bance Granted; Opinion and Judgment Vacated November 15, 2000.
Appeal from the United States District Court for the Western District of Missouri. (5120-010199)
The petition for rehearing en banc filed by appellees Mike Kemna and Jeremiah Nixon is granted. The panel's opinion and judgment dated September 22, 2000, are vacated.
The clerk is directed to set this case for oral argument in St. Louis, Missouri, on Thursday, January 11, 2001, at 11:00 a.m. Counsel for the parties shall submit twenty-one (21) copies of their appeal briefs previously filed in the case within fourteen (14) days of the date of this order.
Each side will be allotted twenty (20) minutes for argument.