Court of Appeals for the Eighth Circuit April 14, 2004, 03-2917 (Clay Anthony Ford v. Larry Norris, Director, Arkansas Department of Correction)

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is an appeal from an order granting a petition for habeas corpus to a state prisoner.

See

28 Ü.S.C. § 2254. Because we conclude that the district court incorrectly applied the controlling law in this case, we reverse.

I.

In 1980, Clay Ford shot and killed Sergeant Glen Bailey of the Arkansas State Police. After Mr.