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Smith v. Groose, No. 97-2694 (8th Cir.) (205 F.3d 1045) (March 7, 2000) (Judge Roger L. Wollman)

In this case the Eighth Circuit held that the Fourteenth Amendment's Due Process Clause does not permit prosecutors to use theories that are inherently contradictory in terms of their facts as a way of convicting two defendants of the same crime in separate trials. The petitioner's convictions arose from a ...

 

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