DIETZ v. SOLEM

No. 80-1550.

640 F.2d 126 (1981)

Robert DIETZ, Appellant, v. Herman SOLEM, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 30, 1981.


Attorney(s) appearing for the Case

Keith R. Strange, Sioux Falls, S. D., for Robert Dietz, appellant.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.


ROSS, Circuit Judge.

Robert Dietz, petitioner, appeals the district court's denial of his petition for a writ of habeas corpus. Petitioner alleges that certain jury instructions given by the South Dakota trial court violated the due process clause and denied him a fair trial.

On October 31, 1975, Dietz was convicted of third degree burglary following a jury trial. Dietz appealed his conviction to the Supreme Court of South Dakota, alleging that the evidence...

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