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CLEESEN v. BREWER

No. 53763.

172 N.W.2d 262 (1969)

Melvin R. CLEESEN, Appellant, v. Lou V. BREWER, Warden, Iowa State Penitentiary, Appellee.

Supreme Court of Iowa.

November 12, 1969.

Attorney(s) appearing for the Case

T. A. Lawse, Fort Madison, for appellant.

Richard C. Turner, Atty. Gen., David A. Elderkin, Asst. Atty. Gen., and Thomas E. Tucker, Asst. Lee County Atty., for appellee.

LeGRAND, Justice.

Were it not for the recent Supreme Court decision of Rodriquez v. United States, 395 U.S. 327, 89 S.Ct. 1715, 23 L.Ed.2d 340, the present habeas corpus appeal would unquestionably be controlled by Blanchard v. Bennett, filed May 6, 1969, and reported in 167 N.W.2d 612.

Our present problem is to determine what effect Rodriquez should be given under the circumstances here....

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