*855 GILMAN, J., delivered the opinion of the court, in which EDGAR, D. J., joined. CLAY, J. (pp. 869-878), delivered a separate dissenting opinion. GILMAN, Circuit Judge. On January 20, 1985, Kim Moss was convicted by a state court jury on one count of first-degree murder and on one count of possession of a firearm during the commission of a felony. M…
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