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REGINALD CLEMONS, Petitioner, vs. ALLEN LUEBBERS, Respondent.

WRIT OF HABEAS CORPUS

CATHERINE D. PERRY, District Judge

In accordance with the Memorandum and Order entered this day and incorported herein,

IT IS HEREBY ORDERED, ADJUDGED and DECREED that petitioner Reginald Clemons is GRANTED this Writ of Habeas Corpus and his death penalty, but not his conviction, is VACATED.

IT IS FURTHER ORDERED that the State of Missouri shall, within ninety (90) days of this Writ, or, if the case is appealed, within ninety days of affirmance on appeal, elect whether to resentence Clemons to life imprisonment without eligibility for parole, or to seek a new trial on the state's request for imposition of the death penalty.

IT IS FURTHER ORDERED that Clemons is granted a certificate of appealability only on his claims that claims of prosecutorial misconduct (6, 8 and 11), and on his claim that venireperson Doss was improperly removed from the venire panel (4A).

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CLEMONS v. LUEBBERS, (E.D.Mo. 2002)
(Aug 1, 2002)