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ASHBY v. WYRICK

No. 81-2377.

693 F.2d 789 (1982)

Roger ASHBY, Appellant, v. Donald WYRICK, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 30, 1982.

Rehearings Denied January 3, 1983.

Attorney(s) appearing for the Case

Mark G. Arnold, Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Mo., for appellant.

John Ashcroft, Atty. Gen., Jay D. Haden, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before LAY, Chief Judge, HEANEY, Circuit Judge, and BECKER, Senior District Judge.

HEANEY, Circuit Judge.

Roger Brad Ashby appeals from a denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. The district court1 accepted the report and recommendation of a United States magistrate on November 10, 1981, and dismissed Ashby's case. The court issued a certificate of probable cause to appeal on December 10, 1981. Ashby raises several issues on appeal. Before addressing these issues, we briefly sketch...

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