MILLER v. SOLEM

No. 84-1796.

758 F.2d 144 (1985)

John E. MILLER, Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary; Mark V. Meierhenry, Attorney General of the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 4, 1985.


Attorney(s) appearing for the Case

Richard Johnson, Sioux Falls, S.D., for appellant.

Thomas H. Harmon, Asst. Atty. Gen., Pierre, S.D., for appellee.

Before ROSS and BOWMAN, Circuit Judges, and OLIVER, District Judge.


PER CURIAM.

Petitioner-appellant John E. Miller appeals from an order dismissing his third federal habeas corpus petition as an abuse of the writ under Rule 9(b), 28 U.S.C. foll. § 2254.

Petitioner was convicted of assault with a dangerous weapon and second degree rape and is presently serving a term of 25 years in the South Dakota State Penitentiary. Petitioner unsuccessfully appealed his convictions and unsuccessfully sought post-conviction relief in...

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