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COLLINS v. AUGER

No. 77-1469.

577 F.2d 1107 (1978)

In the Matter of the Application of Gary James Collins for a Writ of Habeas Corpus. Gary James COLLINS, Appellee, v. Calvin AUGER, Warden, Iowa Men's Reformatory, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 8, 1978.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., and Thomas D. McGrane, Asst. Atty. Gen. (argued), Des Moines, Iowa, on brief for appellant.

Keith E. Uhl (on brief), Scalise, Scism, Gentry, Brick & Brick, Des Moines, Iowa, argued, for appellee.

Before LAY and ROSS, Circuit Judges, and LARSON, Senior District Judge.

LAY, Circuit Judge.

Gary James Collins was convicted of assault with intent to commit rape in the Iowa state court; his conviction was affirmed on direct appeal. State v. Collins, 236 N.W.2d 376 (Iowa 1975), cert. denied, 426 U.S. 948, 96 S.Ct. 3166, 49 L.Ed. 1184 (1976). He thereafter sought a writ of habeas corpus in the federal district court, alleging that the admission of a confession in his state trial was in...

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