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HINKLE v. SCURR

No. 81-1693.

677 F.2d 667 (1982)

Elbert James HINKLE, Appellant, v. David SCURR, Warden, Iowa State Penitentiary and Attorney General, State of Iowa, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1982.

Attorney(s) appearing for the Case

Thomas J. Miller, Atty. Gen. of Iowa, Thomas D. McGrane, Asst. Atty. Gen., Des Moines, Iowa, for appellees.

James P. Cleary, Robert Ullman, Student Atty.-Legal Intern, Des Moines, Iowa, for appellant.

Before HENLEY, Circuit Judge, GIBSON, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

PER CURIAM.

Elbert James Hinkle appeals from the denial of his petition for habeas corpus relief in the District Court1 for the Southern District of Iowa. For reversal appellant argues that he was denied due process of law because (1) his psychiatric examination was inadequate, (2) he did not receive effective assistance of counsel, and (3) the voluntary intoxication defense instruction improperly shifted the burden of persuasion on the...

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