WUEST, Circuit Judge.
Appellant Mary Disbrow was convicted of arson and murder. She was married to Cassius Disbrow in 1973. They lived together about five weeks. By mutual agreement they separated and he moved to Deadwood, South Dakota, where he remained for over a year. As a result of this marriage Casey Disbrow was born on February 26, 1974. Mr. Disbrow returned to Sioux Falls in March of 1975. He never contacted his wife but employed an attorney to commence divorce...
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