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131569P.pdf   04/17/2014  Lloyd Grass  v.  Robert Reitz
   U.S. Court of Appeals Case No:  13-1569
   U.S. District Court for the Eastern District of Missouri - St. Louis   
[PUBLISHED] [Gruender, Author, with Wollman and Kelly, Circuit Judges] Prisoner case - Habeas. For the court's prior opinion in the matter, see Grass v. Reitz, 643 F.3d 579 (8th Cir. 2011). The district court did not exceed the scope of this court's mandate by considering a 2011 state court decision in Grass's case as this court's prior opinion invited the district court to consider the decision on remand and the decision bore on the issue of whether Grass's continued confinement violated his due process rights; Grass's only remaining avenue for habeas relief is to demonstrate, by clear and convincing evidence, that the record does not support the state court's finding that he suffers from current mental illness or current dangerousness; Grass has failed to meet this burden and failed to rebut the presumption of correctness of the state court's express finding that he currently presents a danger to others.