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MILLER v. SOLEM

No. 84-1796.

807 F.2d 747 (1986)

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 December 23, 1986.

Rehearing Denied February 10, 1987.

Attorney(s) appearing for the Case

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

Thomas H. Harman, Asst. Atty. Gen., Pierre, S.D., for appellees.

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

PER CURIAM.

Appellant John E. Miller appeals the denial of his application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In a prior appeal, reported as Miller v. Solem, 758 F.2d 144 (8th Cir.1985), this court vacated the dismissal of appellant's petition and remanded the case to the district court for appointment of counsel and consideration of appellant's claims. We retained jurisdiction of the case pending...

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