DURHAM v. WYRICK

No. 80-1465.

665 F.2d 185 (1981)

John Hilary DURHAM, Appellant, v. Donald WYRICK, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 20, 1981.


Attorney(s) appearing for the Case

Alan S. Mandel, Atty. at Law, St. Louis, Mo., for appellant.

John Ashcroft, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

John Hilary Durham, pro se.

Before BRIGHT and ROSS, Circuit Judges, and HARRIS, Senior District Judge.


PER CURIAM.

John Hilary Durham appeals from the denial of his second petition for federal habeas corpus relief. We affirm the denial on those grounds which were addressed by the United States Magistrate and adopted by the district court on April 3, 1980. We reverse and remand, however, for a consideration of one ground asserted in Durham's petition which was not addressed in the magistrate's review and recommendation.

The procedural history of this case was...

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