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DUISEN v. WYRICK

No. 77-1399.

566 F.2d 616 (1977)

Theodore A. DUISEN, Petitioner, v. Donald WYRICK, Warden, Missouri State Penitentiary, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided December 6, 1977.

Attorney(s) appearing for the Case

Theodore A. Duisen, pro se.

John D. Ashcroft, Atty. Gen., and Neil MacFarlane, Asst. Atty. Gen., Jefferson City, Mo., on brief, for respondent.

Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.

PER CURIAM.

In 1966 petitioner, Theodore A. Duisen, was convicted of murder in a Missouri state court and sentenced to death. The sentence was later reduced to life imprisonment. Petitioner is presently incarcerated in the state penitentiary at Jefferson City, Missouri. It is not contested that petitioner has exhausted his state remedies. See State v. Duisen, 428 S.W.2d 169 (Mo. 1967), cert. denied, 390 U.S. 962, 88...

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