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NELSON v. SOLEM

No. 80-1562.

640 F.2d 133 (1981)

James Leroy NELSON, Appellant, v. Herman SOLEM, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 30, 1981.

Attorney(s) appearing for the Case

Dennis C. McFarland, Sioux Falls, S. D., for appellant.

Mark V. Meierhenry, Atty. Gen., Mikal Hanson, Asst. Atty. Gen., Pierre, S. D., for appellee.

Before HEANEY, ROSS and STEPHENSON, Circuit Judges.

ROSS, Circuit Judge.

James Leroy Nelson, petitioner, appeals the district court's1 denial of his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm.

In 1963 petitioner was tried and convicted of murder in South Dakota State Court. On direct appeal the conviction was affirmed by the South Dakota Supreme Court. State v. Nelson, 80 S.D. 574, 129 N.W.2d 54

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