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NELSON v. DISTRICT COURT OF STATE OF IOWA, ETC

No. 76-1157.

543 F.2d 631 (1976)

Gary Dale NELSON, Appellant, v. DISTRICT COURT OF the STATE OF IOWA IN AND FOR SCOTT COUNTY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1976.

Attorney(s) appearing for the Case

John J. Carlin and Gary K. Koos, Davenport, Iowa, for appellant.

Richard C. Turner, Atty. Gen., and Thomas D. McGrane, Asst. Atty. Gen., Des Moines, Iowa, for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.

PER CURIAM.

Gary Dale Nelson appeals from an order of the District Court1 dismissing his petition for habeas corpus brought pursuant to 28 U.S.C. § 2254. He contends that he has been subjected to double jeopardy because a state trial judge granted a mistrial on its own motion after the jury foreman reported that the jury was irreconcilably dead-locked following 5½ hours of deliberation...

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