CODY v. SOLEM

No. 84-1189.

755 F.2d 1323 (1985)

William R. CODY, Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary; Mark Meierhenry, Attorney General, State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 19, 1985.

Rehearing and Rehearing Denied March 22, 1985.


Attorney(s) appearing for the Case

David R. Gienapp, Madison, S.D., for appellant.

Jon R. Erickson, Pierre, S.D., for appellees.

Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.


Rehearing and Rehearing En Banc Denied March 22, 1985.

HENLEY, Senior Circuit Judge.

William R. Cody, a South Dakota prisoner convicted of murder, appeals from the district court's1 denial of his petition for habeas corpus. 28 U.S.C. § 2254. He argues that the court erred in holding that Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), bars all of his claims. On the...

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