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STATE EX REL. BAILEY v. SHEPARD

No. 78-1392.

584 F.2d 858 (1978)

STATE ex rel. Clark A. BAILEY, Appellant, v. Charles SHEPARD, M. D., Medical Director, Minnesota Security Hospital, and Attorney General of the State of Minnesota, Warren R. Spannaus, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided October 6, 1978.

Attorney(s) appearing for the Case

Donald H. Nichols, Nichols, Kressel & Johnson, Minneapolis, Minn., for appellant.

Warren R. Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen. and Craig Forsman, Sp. Asst. Atty. Gen., St. Paul, Minn., for appellees.

Before HEANEY, STEPHENSON and HENLEY, Circuit Judges.

PER CURIAM.

Clark A. Bailey appeals from the district court1 order denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We affirm.

The case arises from the December 18, 1976 sexual assault, kidnapping and ultimate murder of thirteen-year old Lo Ann Erickson, a resident of Minneapolis, Minnesota, whose body was discovered in a wooded area near Fertile...

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