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BATTEN v. SCURR

No. 80-1919.

649 F.2d 564 (1981)

Jonathan W. BATTEN, Appellee, v. David SCURR, Warden, Iowa State Penitentiary, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 19, 1981.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen. of Iowa, Des Moines, Iowa, Thomas D. McGrane, Asst. Atty. Gen., Steven M. Foritano, (argued), Legal Intern, for appellant.

William L. Kutmus, P.C., Mark Pennington, Des Moines, Iowa, for appellee.

Before LAY, Chief Judge, and STEPHENSON and ARNOLD, Circuit Judges.

STEPHENSON, Circuit Judge.

Appellant-respondent appeals from an order of the district court1 sustaining Jonathan Batten's petition for writ of habeas corpus. The district court held that (1) a statement made by the principal witness for the prosecution in Batten's state drug conspiracy trial denied him a fair trial in violation of the due process clause; and (2) certain remarks by the trial judge impermissibly compromised Batten's right...

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