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CORNELL v. STATE OF IOWA

Nos. 80-1068, 80-1029.

628 F.2d 1044 (1980)

Robert Allan CORNELL, Appellee/Cross-Appellant, v. STATE OF IOWA, Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 2, 1980.

Rehearing and Rehearing Denied July 30, 1980.

Attorney(s) appearing for the Case

Thomas D. McGrane, Asst. Atty. Gen., Des Moines, Iowa, argued and Thomas J. Miller, Atty. Gen., Des Moines, Iowa, on brief, for appellant/cross-appellee.

Keith Uhl and Ann Fitzgibbons, Scalise, Scism, Gentry, Brick & Brick, Des Moines, Iowa, for appellee/cross-appellant.

Before BRIGHT and ROSS, Circuit Judges, and SCHATZ, District Judge.

Rehearing and Rehearing En Banc Denied July 30, 1980.

SCHATZ, District Judge.

Appellee, Robert Allan Cornell, was convicted by a jury in Iowa state court of first degree murder and sentenced to life imprisonment. Following an unsuccessful appeal to the state supreme court, State v. Cornell, 266 N.W.2d 15 (Iowa), cert. denied, 439 U.S. 947 (1978), Cornell filed the instant petition for a writ of habeas corpus...

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