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SMITH v. BREWER

No. 76-284-2.

444 F.Supp. 482 (1978)

Walter SMITH, Jr., Petitioner, v. Lou V. BREWER, Warden of the Iowa State Penitentiary, Respondent.

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

January 17, 1978.

Attorney(s) appearing for the Case

John C. Wellman, Polk County Offender Advocate, Des Moines, Iowa, Robert R. Rigg, Des Moines, Iowa, for petitioner.

Richard C. Turner, Atty. Gen. of Iowa, and Thomas D. McGrane, Asst. Atty. Gen., Crim. Appeals Div., Des Moines, Iowa, for respondent.

MEMORANDUM AND ORDER

HANSON, Senior District Judge.

This matter is before the Court on the application for a writ of habeas corpus submitted by Walter Smith, Jr., pursuant to 28 U.S.C. § 2254. Smith, an inmate at the Iowa State Penitentiary, attacks his March 20, 1973 conviction for first degree murder in Polk County District Court on the grounds that jury misconduct deprived him of his Sixth Amendment rights as guaranteed by the Fourteenth Amendment...

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