SIMS v. BREWER

Civ. No. 76-138-2.

439 F.Supp. 891 (1977)

Elroy SIMS, Petitioner, v. Lou V. BREWER, Warden of the Iowa State Penitentiary, Respondent.

United States District Court, S. D. Iowa, C. D.

April 6, 1977.


Attorney(s) appearing for the Case

Robert H. Laden, of Hyland & Laden, P. C., Des Moines, Iowa, for petitioner.

Thomas D. McGrane, Asst. Atty. Gen., Des Moines, Iowa, for respondent.


MEMORANDUM AND ORDER

HANSON, Chief Judge.

This habeas corpus action raises issues of prosecutorial suppression of evidence, newly discovered evidence, and effective assistance of counsel. At petitioner's trial for first degree murder, he raised a defense of intoxication to which the first two issues herein relate. Respondent has custody of petitioner, vesting jurisdiction in this Court pursuant to 28 U.S.C. § 2254(b).

On January 11, 1971, a...

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