Court of Appeals for the Eighth Circuit August 11, 2000, 98-2363 (Joseph Lee v. James Gammon, Superintendent, and Jeremiah (Jay) Nixon, Attorney General, State of Missouri)

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Joseph Lee was convicted in Missouri state court of first-degree robbery, based on a robbery in which the victim was shot to death. After the Missouri Supreme Court, affirmed his conviction and upheld the denial of his motion for post-conviction relief,

see State v. Lee,

841 S.W.2d 648 (Mo.1992)

(en banc),

Mr.