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DIETZ v. SOLEM

No. 81-1691.

677 F.2d 672 (1982)

Robert DIETZ, Appellee, v. Herman SOLEM, Warden, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 12, 1982.

Attorney(s) appearing for the Case

Mark V. Meierhenry, Atty. Gen., Mikal Hanson, Asst. Atty. Gen., Pierre, S. D., for Herman Solem, appellant.

Keith R. Strange, Strange, Strange & Palmer, Sioux Falls, S. D., for Robert Dietz, appellee.

Before BRIGHT and ROSS, Circuit Judges, and LARSON, District Judge.

ROSS, Circuit Judge.

This case involves an appeal from the district court's order granting Robert Dietz's petition for writ of habeas corpus. The writ was granted following a remand to the district court which this court had ordered in Dietz v. Solem, 640 F.2d 126 (8th Cir. 1981).

In Dietz v. Solem, supra, 640 F.2d at 129, this court held that a jury instruction on the element of intent which was given at Dietz...

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