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032880P.pdf   02/16/2006  William Weaver  v.  Michael Bowersox
   U.S. Court of Appeals Case No:  03-2880
                          and No:  03-2938
   Eastern District of Missouri   
   [PUBLISHED] [Melloy, Author, with Bye and Bowman, Circuit Judges]
Prisoner case - habeas. District court did not err in concluding that prosecutor's closing arguments during the penalty phase of Weaver's capital murder trial violated his due process rights as the statements were improperly inflammatory and were calculated to remove reason and responsibility from the sentencing process; the Missouri Supreme Court's decisions that the arguments were reasonable was erroneous under existing Supreme Court precedent. Judge Bye, concurring in the result. Judge Bowman, concurring in part and dissenting in part.