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MORRISSEY v. BREWER

Nos. 20328, 20425.

443 F.2d 942 (1971)

John J. MORRISSEY, Appellant, v. Lou V. BREWER, Warden, Appellee. G. Donald BOOHER, Appellant, v. LEE AND O'BRIEN COUNTIES and the State of Iowa, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

April 21, 1971.

Attorney(s) appearing for the Case

W. Don Brittin, Jr., Des Moines, Iowa, for appellants.

Michael J. Laughlin, Asst. Atty. Gen., Des Moines, Iowa, Richard C. Turner, Atty. Gen., Des Moines, Iowa, for appellees.

Before MATTHES, Chief Judge, and VAN OOSTERHOUT, MEHAFFY, GIBSON, LAY, HEANEY and BRIGHT, Circuit Judges, En Banc.

MATTHES, Chief Judge.

These consolidated appeals are from orders entered in two separate cases in the United States District Court for the Southern District of Iowa denying appellants' petitions for writs of habeas corpus.

Appellant John J. Morrissey was convicted in January of 1967 in the District Court of Iowa, Linn County, upon his plea of guilty to the charge of false drawing or uttering of checks in violation of Iowa Code § 713.3 (1966), and was...

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