SIMS v. BREWER

No. 77-1415.

567 F.2d 752 (1977)

Elroy SIMS, Appellant, v. Lou V. BREWER, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 29, 1977.


Attorney(s) appearing for the Case

Robert H. Laden and Tim Pearson of Hyland & Laden, Des Moines, Iowa, on brief for appellant.

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

Before BRIGHT and ROSS, Circuit Judges, and HARPER, Senior District Judge.


PER CURIAM.

In 1970 the petitioner, Elroy Sims, was convicted of first degree murder in Black Hawk County, Iowa district court. The trial court overruled his motion for new trial and sentenced him to life imprisonment. Sims did not appeal.

In December of 1972 petitioner began his quest for post trial relief, pro se, in state court. He was provided court appointed counsel who redrew his petition to allege that there existed material facts, not presented at...

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