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SCURR v. NICCUM

Nos. 79-1527, 79-1528.

620 F.2d 186 (1980)

David SCURR, Warden of the Iowa State Penitentiary, Appellant-Cross Appellee, v. Michael Charles NICCUM, Appellee-Cross Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 22, 1980.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen. and Thomas D. McGrane (argued), Asst. Atty. Gen., Des Moines, Iowa, on brief for Scurr.

Philip Mears, Iowa City, Iowa, for Niccum.

Before HEANEY and HENLEY, Circuit Judges, and SCHATZ, District Judge.

SCHATZ, District Judge.

In 1969, Michael Niccum was convicted in the Iowa state court of first degree murder and sentenced to life imprisonment. Following an unsuccessful appeal to the state Supreme Court, State v. Niccum, 190 N.W.2d 815 (Iowa 1971), Niccum filed this action1 for a writ of habeas corpus alleging, among other things, that he had been denied...

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