HOLIDAY v. WYRICK

No. 81-1128.

663 F.2d 789 (1981)

James HOLIDAY, Appellant, v. Donald WYRICK, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1981.


Attorney(s) appearing for the Case

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen. (argued), Jefferson City, Mo., for appellee.

J. Reed Johnston, Jr. (argued), Richard J. Pautler, Peper, Martin, Jensen, Maichel & Hetlage, St. Louis, Mo., for appellant.

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


McMILLIAN, Circuit Judge.

James Holiday appeals from the denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 without an evidentiary hearing by the District Court1 for the Eastern District of Missouri. For reversal petitioner argues that the district court erred in failing to hold an evidentiary hearing to determine the circumstances surrounding an allegedly unconstitutional search of his apartment and his defense...

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